|
| Home | US Web Hosting | Singapore Web Hosting | Domain Registration | Order Now! |
Oryon Networks (referred hereinafter as 'Oryon Networks’, ’orynet.com’, 'our', 'we' and 'us') is a web hosting solutions provider. All accounts on our web servers are subject to the Acceptable Use Policy (AUP) described in this document. Under this Acceptable Use Policy, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.
Oryon Networks has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Oryon Networks services.
This AUP will be revised from time to time. A customer's use of Oryon Networks after changes to the AUP are posted on Oryon Networks ’s web site and www.orynet.com will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes
1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Oryon Networks, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Oryon Networks reserves to the right to the final decision on what constitutes abuse.
2. Prohibited Activities
When information is disseminated through the Internet, clients also must keep in mind that Oryon Networks does not review, edit, censor, or take responsibility for any information its clients may create. When clients place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Oryon Networks ’s network and may reach a large number of people, including both clients and non-clients of Oryon Networks, clients' postings to the Internet may affect other clients and may harm Oryon Networks ’s goodwill, business reputation, and operations. For these reasons, clients violate Oryon Networks policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
- Spamming
- Intellectual Property Violations
- Adult Material
- Defamatory or Abusive Language
- Forging of Headers
- Illegal or Unauthorized Access to Other Computers or Networks
- Background Running Programs
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
- Facilitating a Violation of this AUP
- Other Illegal Activities
- Other Activities
A) Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Oryon Networks, but also because it can overload and disrupt service to Oryon Networks clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Oryon Networks has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for more information.
B) Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. It includes also, engaging in activity that violates privacy, publicity, or other personal rights of others. Oryon Networks is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Oryon Networks ’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
C) Adult Material
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Oryon Networks has been forced to create its no adult sites policy for its virtual server users.
What does Oryon Networks consider "Adult Material?"
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes
- Revenue-generating hyperlinks to sites that violate policy C1
Why does Oryon Networks have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Oryon Networks reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
D) Defamatory or Abusive Language
Using Oryon Networks ’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
E) Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
F) Illegal or Unauthorized Access to Other Computers or Networks
This includes accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). It includes also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
G) Background Running Programs
Background Daemons in general are prohibited on Oryon Networks servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
Oryon Networks will be the sole arbitor of what constitutes a violation of the above policy.
H) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
This includes distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
G) Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
J) Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
K) Other Activities
Engaging in activities, whether lawful or unlawful, that Oryon Networks determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Oryon Networks will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Oryon Networks policy or applicable law. When Oryon Networks be comes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Oryon Networks also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Oryon Networks urges its clients to assume that all of their on-line communications are insecure. Oryon Networks cannot take any responsibility for the security of information transmitted over Oryon Networks facilities.
Oryon Networks will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Oryon Networks may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Oryon Networks may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Oryon Networks assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Oryon Networks may disclose client information or information transmitted over its network where necessary to protect Oryon Networks and others from harm, or where such disclosure is necessary to the proper operation of the system.
3. Server Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
- Run any process that requires more than 5Mb of memory space, more than 40 CPU seconds, or use more than 6% of all available system resources at any time.
- Run any type of interactive real-time chat applications that require server resources, including without limitation any chat script in any form (Perl / PHP etc). Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any site with adult-oriented content, including but not limited to any pornographic material.
Users are also required to abide by the following:
- Databases are only to be used for Oryon Networks-hosted web sites, and no outside access will be granted.
- Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice; this includes all web hosting plans.
- Oryon Networks reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Oryon Networks also reserves the right to make any such modifications in an emergency at our sole discretion.
4. Indemnification
You agree to indemnify, defend, and hold harmless Oryon Networks from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Oryon Networks, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
5. Refusal or discontinuation of service
Oryon Networks reserves the right to refuse or discontinue service to anyone at Oryon Networks management' sole discretion. Oryon Networks may deny you access to all or part of the service without notice if you engage in any conduct or activities that Oryon Networks in its sole discretion believes violates any of the terms and conditions in this agreement. Oryon Networks shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Oryon Networks has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Oryon Networks reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Oryon Networks also reserves the right to refuse refunds in cases where Oryon Networks believes abuse has taken place.
6. No warranties
Oryon Networks makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Oryon Networks or its agents or employees shall create a warranty. Oryon Networks provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Oryon Networks be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Oryon Networks service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Oryon Networks' servers that such information becomes available to all Internet users and that Oryon Networks has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Oryon Networks' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Oryon Networks or on the Internet generally.
Your use of the service is at your sole risk. Oryon Networks is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Oryon Networks servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Oryon Networks, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Oryon Networks policy decisions.
Oryon Networks reserves the right to monitor any and all communications through or with our facilities. You agree that Oryon Networks is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
7. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Oryon Networks with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
8. Sharing of account space
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller.
9. Payment & Other Information
You agree to supply appropriate payment for the services received from Oryon Networks, in advance of the time period during which such services are provided. You agree that until and unless you notify Oryon Networks of your desire to cancel any or all services received, those services will be billed on a recurring basis.
10. 30 Days Money Back Guarantee
Each hosting plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within the 30 Days Money Back Guarantee time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by Oryon Networks for violating our Acceptable Use Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.
11. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Oryon Networks or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Oryon Networks' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Oryon Networks and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to support@orynet.com
Notice
Any violation to the above AUP warrants the immediate termination of the customer’s account with no refund been made.
Any other cost associate with the violation of the above AUP will be bear by the customer. Oryon Networks will not be responsible for any such cost as a result of violation of the customer account.
|
|
