Acceptable Use policy (AUP)

Use of ServerCave Service constitutes acceptance and agreement to ServerCave's AUP as well as ServerCave's TOS (Terms of Service). ServerCave reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of ServerCave's Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

IMPORTANT NOTICE: All Payments To ServerCave Are Non-Refundable

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. ServerCave 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 either your ServerCave 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 ServerCave's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of ServerCave's AUP. If a ServerCave account violates this Acceptable Use Policy 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, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

• Illegal Activities: ServerCave's services may not be used for illegal purposes, or in support of illegal activities. ServerCave 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: You may not use ServerCave's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use ServerCave's service to transmit any material (by e-mail, uploading, posting or otherwise) 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 remailers or nicknames does not constitute impersonation.
  
  
• Unsolicited E-mail, News Bombing (SPAM) Use of the ServerCave service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Spam complaints will be sent to the e-mail address on file. Violations of this type will result in the immediate suspension of the offending website on the ServerCave server. Failure to respond to complaints within a 24 hour timeframe will result in the ServerCave abuse staff suspending the offending website or shared hosting account by whatever means necessary. Should the account become re-activated without the express written consent of ServerCave's Abuse Department, the offending website or shared hosting account will be immediately terminated, and may result in suspension / termination of the server should the site and/or client re-appear on the server. 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 will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server 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 electronic mail services or news will result in the immediate termination of the offending ServerCave account.
  
  
• Copyright or trademark infringement: Use of the ServerCave service to transmit any material (by e-mail, 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. Use of the ServerCave 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 the ServerCave service for any activity which affects the ability of other people or systems to use ServerCave 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. ServerCave 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. ServerCave, 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 ServerCave service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ServerCave'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, is expressly prohibited and the offending ServerCave account is subject to immediate termination.
  
  
• Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. 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.
  
  
• Application Security: All customer developed and maintained applications will be developed with security in mind. Any application could provide unauthorized access into the system, and should be carefully programmed to avoid such an occurance. Any application that is found to have such security flaws will be immediately removed from any network accessibility as ServerCave sees fit. In addition, well established third-party tools such as FTP that present significant security risks to the system will not be used. Alternate and secure access means can be provided, and should be used.
  
  
• Security Risk: Should any box become a security risk to our network, including, but not limited to: presumed compromised servers, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc. ServerCave will attempt to contact the server owner, giving 24 hours notice, after which time, we will attempt to gain entry to the server with passwords on file. Should the passwords not be accessible to ServerCave staff, ServerCave reserves the right to attempt to gain entry to the server. In extreme circumstances involving flagrant illegal acts or activities, upon email, and phone contact if no response is given within 1 hour, ServerCave reserves the right to attempt to gain immediate entry to the server for security purposes only. Clients refusing to provide access under such circumstances, are subject to a fine of $150.00.
  
  
• Network Security: ServerCave 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 VIOLATIONS OF ServerCave AUP

ServerCave requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@servercave.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.