This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into Point Action Services Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Point Action Services may modify this AUP at any time without notice.
The Services provided by Point Action Services may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Point Action Services reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
- Pirated software
- Bulk Email related products
- Pornography/Nudity/Adult Content
- Hacking/cracking related websites
- Warez and/or copyrighted MP3s
- Illegal material or material that is against public policy
Any sites that are containing and linking to any material such as, but not limited to Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal to be considered detrimental, safety, health and welfare to the public. Point Action Services will terminate any account without a refund if above is found.
The use of Point Action Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Point Action Services is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Pornography and sex-related merchandising are prohibited on Point Action Services servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Point Action Services servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Point Action Services, all Point Action Services customers certify that they and/or the organization they represent in procuring services from Point Action Services are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Point Action Services will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
System Resource Usage
If Point Action Services system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, Point Action Services may temporarily deactivate the account in question. If Point Action Services staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with twenty (20) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.
Point Action Services will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Unsolicited Email (SPAM)
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Point Action Services customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Point Action Services server, and selling or distributing software (on a Web site residing on a Point Action Services server) that facilitates spamming. Violators will be assessed a minimum fine of US $ 500 and will face immediate suspension. Point Action Services reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Point Action Services will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
Help us STOP SPAM! Please email our abuse department abuse department immediately to report a violation of our SPAM policies. Viruses and Other Destructive Activities
Use of Point Action Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Point Action Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $ 10,000 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Websites hosted on Point Action Services servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Point Action Services policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Point Action Services is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
Failure to Follow this Agreement
Any accounts and/or servers contained within Point Action Services network must adhere to all of the above terms and conditions. For any reason failure to fully comply with these terms and conditions is grounds for account suspension and/or deactivation without refund, Point Action Services reserves the right to deactivate and remove any site at any time for any reason without refund! Point Action Services will also need be report any types a violations and abuse to law enforcement agencies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating any of the terms and conditions above, you will forfeit your rights to a refund and none will be given. No refunds for advanced payment.
Point Action Services reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be undesirable or contraindicated.