Acceptable Use Policy (AUP)

Use of our service constitute the acceptance of our TOS, AUP and Privacy Policy.
Herein "RackNebula", "RackNebula.Com", "We", "Us", "Our" refer to RackNebula.Com whose online presence is at http://www.racknebula.com while "You", "your", "client", "customer" refer to any party that uses our service.
We here at RackNebula strive to provide the highest level of service to its clients. For that purpose we have laid down the following rules and guidlines for the benefit and protection of both you and us.
As responsible individuals we must understand the following as the basis of Code of ethics for the Internet in general.

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. RackNebula 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 RackNebula 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 RackNebula's Acceptable Use Policy(AUP). The following are guidelines for the establishment and enforcement of our AUP. If a 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
Our services may not be used for illegal purposes, or in support of illegal activities. We reserve 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 our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use our 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.

RackNebula fully supports safelists as long as they are on their own dedicated servers. These types of sites use a great deal of resources and can't be supported through our website or Reseller programs. We also require that these lists be carefully policed and comply with all state and federal  law (regardless of where the site are located). Failure to abide by these laws constitutes spamming and will be subject to our spamming policy. Please review it below, it is quite severe and will be enforced without exception or limits.

Unsolicited E-mail, News Bombing (SPAM)
Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending 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 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 account.

Copyright or trademark infringement
Use of our 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 our 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 our 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. We 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. We do not allow hosting of IRC, IRC Bots or eggdrops on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of RackNebula 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 account is subject to immediate termination.

Resource Usage
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. Shared hosting accounts may not use more than 3% CPU or 3% memory over a 24 hour period, run more than 15 simultaneous processes or allow any process to run for longer than 30 CPU seconds. Databases are limited to 24 max user connections.

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 necessary 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
RackNebula 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.

Restrictions on Use of RackNebula Services
You may not operate Internet Relay Chat (“IRC”) servers using RackNebula’s services.
You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.
You must not use any programs that may or will interfere with another’s use of this site or any RackNebula Services.
You may not run any background processes on the RackNebula servers, networks, or systems without prior written authorization from RackNebula.
You may not use any RackNebula services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network.
You may not host any type of HYIP, autosurf, proxy, or bit torrent on RackNebula servers.
You may not use any RackNebula services to make available to third parties for any use other than normal access to that account's Web site.
You may not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting.
You may not use our service to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.
You may not use our service as an offsite file storage server. Any use of RackNebula services is strictly intended for that account's web site only.
RackNebula reserves the right to add further restrictions to Customers’use of the RackNebula Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.

Reporting of Violatons
RackNebula requests that if you believe that there is a violation of this AUP, direct the information to us. If possible, please provide the IP address used to commit the violation, date and time of the violation, evidence of the violation and as much details as possible.

Suspension and Cancellation
RackNebula reserves the right to suspend service to any Customer or who is using our network or services for violation of the AUP, the Privacy Policy, or the TOS. RackNebula will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. RackNebula reserves the right to terminate service without notice for continued and repeated violations of the AUP, the Privacy Policy, or the TOS.

Revisions
RackNebula reserves the right to revise its policies at any time without prior notice.All clients old and new abide by the latest version of AUP, TOS and Privacy Policy maintained at our site. You are responsible for reviewing the online Acceptable Use Policy to stay update of any changes.