Acceptable Use Policy

Acceptable Use Policy (AUP) For Web Hosting

The Acceptable Use Policy (“AUP”) is accepted as part of the Service Agreement (“Agreement”) entered into by and between BrainPulse Hosting (the “Service Provider”) and any client that pays or agrees to pay for services (the “Subscriber”).




Violations of BrainPulse AUP

BrainPulse will, at its sole discretion, determine whether an act by the subscriber is a violation of the AUP. The points provided below is meant to serve as a guideline and is not a complete enumeration of activities that are prohibited.

The following acts will be considered violations of the AUP:

Illegal Use of Hosting Services

  • Using the service in any way which violates Federal, State, Local, or International law.
  • Transmitting copyright materials without authorization from the copyright holder
  • Violating export control regulations

Malicious Activity

  • Willfully interfering with the regular operation of the Service
  • Attempting to access any system which the Subscriber knows or reasonably should know that the Subscriber is not authorized to access in the manner or to the extent attempted
  • Hosting any deceptive material for the purposes of phishing
  • Running any password cracking software
  • Running root exploit kits against other servers
  • Distributing viruses, worms, or trojan horses
  • Forging or misrepresenting message headers in whole or in part
  • Scanning networks
  • Threatening or encouraging bodily harm or destruction of property
  • Violating of the rights of privacy or publicity of an individual

Promotion of Illicit Activity

  • Any activities prohibited by Federal, State, Local, or International law
  • Any activities which result in the spread of computer viruses or other damaging programs or data files
  • Any activities which violate export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law)
  • Hacking
  • Gambling
  • Circumvention of copyright or patent protection
  • Exposure of any trade secret

Unsolicited Bulk Electronic Mailing

  • Transmitting any unsolicited commercial e-mail
  • Transmitting any unsolicited bulk e-mail

The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Federal, State, Local, and International laws governing the transmission of electronic mail.

Spam Advertising and Related Activities

  • Posting commercial, political, or advertising posts to public forums
  • Issuing unsolicited trackbacks for the purpose of promotion
  • Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
  • Hosting a destination site linked from Unsolicited Bulk Electronic Mailing

Abuse

  • Consistent overuse of shared resources to the detriment of other Subscribers
  • Operating an open proxy server or using the Service as part of a proxy network

Insufficiently-Secure Administration

  • Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
  • Allowing an unauthorized third party to establish root access to Service provided by the Service Provider
  • Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
  • Operating an open mail relay

Data Retention Policies

Backups are performed by BrainPulse as a courtesy to clients; however, all clients are advised to maintain own backups to be used in any eventuality. BrainPulse will not be deemed responsible for data or other loss resulting from the unavailability of backups.

Backups will not be retained for accounts that have been canceled, As cancellation requests are processed immediately, any required files from the affected account should be downloaded prior to the cancellation request.

Enforcement of AUP

The Service Provider reserves the right to monitor the use of the Service. Should the Service Provider determine, at its sole discretion, the Subscriber has committed any act which violates this AUP, the Service Provider reserves the right to immediately suspend or terminate Service with or without notice to the Subscriber.

The Service Provider will send notification by e-mail to the contact e-mail address on file of the Subscriber in the event that an AUP violation which does not merit termination of Service is identified. Should the Subscriber fail to respond and take action to correct an AUP violation identified in a notification from the Service Provider, the Service provider shall suspend the Service until acknowledgment is received and apply a Service Suspension Fee in accordance with the AUP Fee Schedule.

The Subscriber agrees to pay all associated fees related to the suspension, termination, and reactivation of the Service.

Service Suspension

In the event that the Service is suspended, regular Service fees shall continue to accrue over the duration of time for which the Service is suspended.

Service Termination

In the event that the Service is terminated as a result of unacceptable use, a termination fee will be applied in accordance with the AUP’s Fee Schedule.

Service Reinstatement

In the event that an account has been suspended three times for any AUP violation or terminated for any AUP violation, a Service Reinstatement Fee shall be applied in accordance with the AUP Fee Schedule and paid by the Subscriber before the Subscriber may acquire Service from the Service Provider.

Reporting Violations of AUP

If you believe you or your system was the subject of an attack originating from our network, contact us immediately. Our security response team will investigate all complaints received.

Revisions to AUP

The Service Provider reserves the right to change the AUP at any time, without prior notice.

Payment Policies Service Surrendering

Dedicated Servers / VPS (Virtual Private Server)

Dedicated server clients are required to inform 1 month prior to surrender of server to stop the monthly payment cycle. For example if you wish to decline the server for the month of January you are suppose to inform the billing / Accounts department by the 25th of December.

Shared Hosting

For shared hosting clients; as their packages run on annual billing cycle mode they are suppose to inform us 1 month prior to surrendering of the shared hosting account to avoid getting billed for the next year.

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