ALTAMIRA SYSTEMS LLC ("BAYANHOSTING.COM") Acceptable Use Policy (“AUP”)

This AUP governs the use of BAYANHOSTING.COM'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 BAYANHOSTING.COM regarding the interpretation of this AUP, BAYANHOSTING.COM's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact This email address is being protected from spam bots, you need Javascript enabled to view it

 

Table of Contents

Reseller Accounts
Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Internet Abuse
Server Abuse
Material Protected by Copyright
Copyright Infringement Notice
CGI Scripts
Chat Rooms
Background Running Processes
IRC
Other
Disclaimer

 

Reseller Accounts

BAYANHOSTING.COM is not responsible for providing direct support to our reseller's customers. It is the reseller's sole responsibility. For support issues beyond the scope of the reseller's account privileges please submit a trouble ticket to our support center. The reseller and any of his customers with accounts hosted under your reseller account must abide by this AUP.

Offensive Content

You may not publish or transmit via BAYANHOSTING.COM's service any content that BAYANHOSTING.COM reasonably believes:

• constitutes child pornography;
• constitutes 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 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, interferes with an investigation by law enforcement, or interferes with matters under litigation;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person's 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 BAYANHOSTING.COM; or
• is otherwise malicious, fraudulent, or may result in retaliation against BAYANHOSTING.COM by offended viewers.

Content “published or transmitted” via BAYANHOSTING.COM's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by BAYANHOSTING.COM.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain BAYANHOSTING.COM's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to BAYANHOSTING.COM's 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 BAYANHOSTING.COM's requests to produce consent evidence within 72 hours of receipt of the request;
• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@** yourdomain.com **;
• You have procedures in place that allow a recipient to easily 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. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
• You must post an abuse@** yourdoman.com** e-mail address on the first page of 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;
• 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; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your BAYANHOSTING.COM 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 hosted via your BAYANHOSTING.COM service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

BAYANHOSTING.COM may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your BAYANHOSTING.COM's services.

Internet Abuse

You may not engage in 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 (including those belonging to BAYANHOSTING.COM and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
• Any conduct that is likely to result in retaliation against the BAYANHOSTING.COM's network; or
• Use of BAYANHOSTING.COM's network in a way that unreasonably interferes with BAYANHOSTING.COM's other customers use of the network

Server Abuse

Any hosting accounts using an unacceptable amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required) or reduce the resources used to an acceptable level. BAYANHOSTING.COM will be the sole arbiter of what is considered to be an unacceptable server usage level.

Any Shared or Reseller Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, 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 United States copyright law to copy the work in that manner.

BAYANHOSTING.COM will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the BAYANHOSTING.COM network, please send your written notice of copyright infringement to:

Altamira Systems LLC
1133 Broadway
Suite706
New York, NY 10010
USA

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 words 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 BAYANHOSTING.COM to locate the material;
• Information reasonably sufficient to permit BAYANHOSTING.COM 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.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. BAYANHOSTING.COM does not permit CGI script sharing with domains not hosted on our servers or any scripts that may be abused for UCE purposes.

Chat Rooms

BAYANHOSTING.COM does not allow all hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. BAYANHOSTING.COM provides chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs

BAYANHOSTING.COM may allow, on a case-to-case basis, programs to run in the background. If these programs require additional system resources, extra charges may be applied to your account. If you wish to run background programs please contact This email address is being protected from spam bots, you need Javascript enabled to view it for review and setup.

Internet Relay Chat

BAYANHOSTING.COM does not allow IRC or IRC bots to be operated by Web Hosting and Reseller customers. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or similar services.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the BAYANHOSTING.COM network.

Disclaimer

BAYANHOSTING.COM 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 BAYANHOSTING.COM network.

Inquiries regarding this policy should be directed to This email address is being protected from spam bots, you need Javascript enabled to view it

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A BAYANHOSTING.COM CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

This AUP is subject to change without notice.