Acceptable Usage Policy

Use of DataBeyond Service constitutes acceptance and agreement to the Acceptable Usage Policy (AUP) as well as the Terms of Service (TOS). DataBeyond reserves the right to revise, amend, or modify the AUP, TOS, and our other policies and agreements at any given time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS. All users of DataBeyond services and associated clients/referrals, must comply with our AUP and TOS.

Important Notice:

We support the uncensored flow of information over the Internet and do not actively monitor subscriber activity under normal circumstances. We do not exercise editorial control over the content of any web site, e-mail transmission, newsgroup, forum, or other material created or accessible over or through the services. In accordance with our TOS, we may remove any materials that, at our sole discretion, may be illegal, may subject us to liability, or which may violate the AUP.

We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your DataBeyond account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understanding of our AUP. The following are guidelines for the establishment and enforcement of our AUP. If an account violates this AUP or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action although, based on the nature of the violation, can still result in immediate termination of service.

The following constitute violations of DataBeyond's AUP:

Illegal Activities: Our services may not be used for illegal purposes, or in support of illegal activities. DataBeyond reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm or Endangerment to other people: No one may use our service to harm, or attempt to harm minors in any way. This includes, but is not limited to, child pornography, along with any other service to transmit any material (e-mail, uploading, posting, etc.) that threatens or encourages bodily harm or destruction of property.

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 re-mailers or nicknames does not constitute impersonation.

Unsolicited E-mail & News Bombing (Spam): Use of the DataBeyond service to transmit any unsolicited commercial or unsolicited bulk e-mail is prohibited. Violations of this type will result in the immediate termination of the offending DataBeyond account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server/service will not be reconnected/reactivated until such time that you agree to remove any and all traces of the offending material immediately upon reconnection/reactivation and agree to allow us access to the server/account to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server/service from our network without notice to the customer. Any server/service guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of e-mail services or news will result in the immediate termination of the offending DataBeyond account.

Copyright or trademark infringement: Use of the DataBeyond service to transmit any material (e-mail, uploading, posting, etc.) 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. Use of the DataBeyond service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Network disruptions: Use of our service for any activity which affects the ability of other people or systems to use DataBeyond 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. DataBeyond 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.

DataBeyond does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the DataBeyond service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DataBeyond 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, is prohibited and the offending DataBeyond account is subject to immediate termination.

Security: You are responsible for any misuse of your account. It does not matter who the inappropriate activity was committed by. You are responsible for your account at all times. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Network Security: DataBeyond accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

Reporting AUP Violations to DataBeyond:

DataBeyond requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department. If possible, please provide the IP address used to commit the violation, date and time of the violation, along with evidence of the violation.