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Master Service Agreement - Acceptable Use Policy
Master Service Agreement

Customer agrees to the following acceptable use policy:

General Statement: JBServers is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. JBServers is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. JBServers does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Not withstanding anything found herein, JBServers follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this document is intended to act as a guideline to service and not to be all encompassing.

Public Network: The primary purpose of the JBServers public network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the public network is to utilize the network in any way so long as you do not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the public network. Violation, misuse, or interference of the public network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Private Network: The primary purpose of the JBServers private network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and JBServers delivered services. Proper use of the private network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and JBServers servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The private network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the private network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the private network are available through the sales team. Violation, misuse, or interference of the private network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Security Services: The primary purpose of the JBServers standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. All JBServers services include network intrusion detection systems and denial of service mitigation via technology from 3Com (Tipping Point). These services are free of charge and are intended to mitigate or remove security risks associated with their perspective technologies. JBServers also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. JBServers also supplies Microsoft update servers and Redhat update servers located on the private network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the methods of resolution under the acceptable use policy.

Server Content: JBServers does not actively monitor server content for review. JBServers believes in the free dissemination of information via our services. Server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the acceptable use policy is deemed in compliance and shall remain intact. Legal adult content is allowed on JBServers dedicated servers. Content deemed in violation will be addressed pursuant to the methods of resolution under the acceptable use policy.

IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by JBServers. IP Addresses are non-transferable from JBServers and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the JBServers engineering team on a per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses used on non-assigned VLANs or servers is a violation of the acceptable use policy. Violation of the IP Address policy will result in methods of resolution under the acceptable use policy.

IRC: JBServers allows the use of private internet relay chat servers for communication among private parties, on dedicated servers. JBServers absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of the acceptable use policy. Violation of the IRC policy will result in methods of resolution under the acceptable use policy.

Peer to Peer: JBServers allows the use of internet peer to peer software for file sharing purposes, on dedicated servers. JBServers highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Peer to Peer policy will result in methods of resolution under the policy.

Bit Torrent: JBServers allows the use of bit torrent protocols on the public network, on dedicated servers. JBServers highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Bit Torrent policy will result in methods of resolution under the policy.

The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.

Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of the acceptable use policy.

Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.

Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.

Proxy Email (SPAM):The use of services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

UseNet SPAM: The use of services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the JBServers network or unrelated third party networks.

Illegal Use: Any use of services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

Child Pornography: JBServers has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy.

Threats & Harassment: The JBServers network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. JBServers seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

Fraudulent Activities: JBServers prohibits utilizing services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.

Denial of Service: JBServers absolutely prohibits the use of services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.

Terrorist Websites: JBServers prohibits the use of services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

Distribution of Malware: JBServers prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at JBServers analyzes the latest root kit for new security analysis software.

Phishing: JBServers strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

The following list represents per se direct violations, in addition to above, of Acceptable Use Policy for shared hosting servers and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.

Glutting of servers: Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting real sites.

Applications: Customer may not run any program, script, or arbitrary server (shoutcast, etc) on the server that runs constantly or 'listens' on ports unless provided in the control panel. This includes applications associated with chat services or arbitrary control panels.

CPU usage: Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.

Service Resale: Customer may not resell the Service or any portion of the Service unless under a Reseller plan.

File repository /Dump Sites: Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking) . Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.

Free Email / Hosting Sites: We do not permit the free giving of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance).

Disclosure to Law Enforcement: Occasionally, JBServers is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. JBServers utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. JBServers will notify customer of the information request as allowed by the subpoena.

Reporting Violation of the Acceptable Use Policy: JBServers accepts reports of alleged violations of the acceptable use policy via email sent to abuse@JBServers.net. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. JBServers owes no duty to third parties reporting alleged violations due to lack of privity in contract law. JBServers will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.

Methods of Resolution for Violations under the Acceptable Use Policy: The ultimate goal of JBServers is to balance the rights and interest of our customers in the highly evolving internet world. JBServers understands the challenges of resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, JBServers is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

Step 1: First alleged violation of AUP: a ticket will be generated under the master user account with information regarding the potential violation of the acceptable use policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.

Step 2: Acknowledgement of violation of AUP: a ticket is generated under the master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.

Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time, JBServers engineers will turn the public network port to the specified services off. As soon as the violation is addressed, the public access is restored and service continues as normal.

Step 4: Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for JBServers and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all related services and data destroyed at the end of the current billing cycle.

Disclaimer - JBServers retains the right, at its sole discretion, to refuse new service to any individual, group, or business. JBServers also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.