Acceptable Use Policy
The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on Third Generation’s website, this “AUP”) of THIRD GENERATION INTERNET SERVICES (“Third Generation”), is designed to (i) protect Third Generation’s customers, users of Third Generation’s website, Products and Service, Third Generation Network and physical infrastructure and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of Third Generation’s website, Third Generation Network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by Third Generation, its website, Third Generation Network and its physical infrastructure (“Third Generation Services”).
This AUP applies to each user that subscribes for Third Generation Services (“Customers”), all users of Third Generation Services and all users that access or utilize Third Generation’s website, Third Generation Network or its physical infrastructure, whether or not such users are customers of Third Generation, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to Third Generation Network or physical infrastructure as a part of Third Generation Services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.
Third Generation reserves the right to amend or modify this AUP from time to time, and a User’s use of Third Generation Services, Third Generation’s network and physical infrastructure after changes to the AUP are posted on the legal department page of Third Generation's website (www.thirdhosting.com) will constitute the User's acceptance of any such amendments or modifications.
Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or Third Generation. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
This AUP does not (a) obligate Third Generation to monitor, review, or police the data and content residing on Third Generation Network or (b) create any obligation or duty of Third Generation to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Third Generation is not likely to be aware of any violations of this AUP or any violations of law. Third Generation expects all Users to notify us of any violations of law or violations of this AUP. THIRD GENERATION EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON THIRD GENERATION NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.
THIRD GENERATION RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
YOU ACKNOWLEDGE YOUR INDEMNIFICATION OBLIGATIONS UNDER THE TERMS OF SERVICE OF THIRD GENERATION AND AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL MONETARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM VIOLATIONS OF THIS AUP TO INCLUDE, WITHOUT LIMITATION, THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY THIRD GENERATION, THIRD GENERATION NETWORK AND BUSINESS OPERATIONS OF THIRD GENERATION, RELATED COSTS INCURRED BY THIRD GENERATION, AND ANY THIRD PERSON OR PARTY AND THAT SUCH MONETARY DAMAGES WILL BE CHARGED TO YOUR ACCOUNT. VIOLATIONS OF THIS AUP MAY RESULT IN SIGNIFICANT CIVIL AND CRIMINAL LIABILITY TO YOU.
DATA LIABILITY AND RESPONSIBILITY
YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL DATA STORED OR TRANSMITTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY THIRD GENERATION TO INCLUDE, WITHOUT LIMITATION, BLOCK SPECIAL FILES, CHARACTER SPECIAL FILES, DIRECTORIES, SYMBOLIC LINKS, SOCKET LINKS, FIFOS, REGULAR FILES, PROGRAMS, DATABASES, TEXT, GRAPHICS, PICTURES, MOVIES, AUDIO, STREAMING MEDIA, WEB PAGES, HYPERLINKS, EMAIL, INSTANT MESSAGES, CHAT MESSAGES, FILE TRANSFERS, HOST NAMES, AND DOMAIN NAMES.
Users shall not allow the posting, transmission, or storage of data or content on or through the Services, Servers or Third Generation's physical infrastructure which, in Third Generation's sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of Third Generation Services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) “harvested” addresses or information, (c) “phishing” websites, (d) "malicious" websites, (e) "fraudulent" websites, or (f) “spamvertising” sites.
A User shall not knowingly host on its Servers, use Third Generation Services or transmit over Third Generation infrastructures, any material believed by Third Generation to constitute child pornography. In addition to any other actions it may take under this AUP, Third Generation reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.
Users’ Security Obligation
Users must use reasonable care to ensure the security of each Server and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. Third Generation reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Services or any hardware objects on the network as a result of a security compromise.
Users are prohibited from engaging in any activities that Third Generation determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following
- Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
- Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
- Interfering with or denying service to any user, host, or network other than the Customer's host, such as a denial of service attack or distributed denial of service attack.
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
- Soliciting the performance of any illegal activity, even if the activity is not performed.
- Using any program, or sending messages of any kind, designed to interfere with or disable a user's terminal session.
Intellectual Property Infringement Policy
Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, Third Generation Services or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Third Generation has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998. For your convenience, information concerning procedures for making claims of copyright infringement for purposes of Title 17, Section 512, of the United States Code is contained at the Legal section of our website.
If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates Third Generation's Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, Third Generation reserves the right to (i) suspend permanently or terminate Third Generation Services of such Customer and/or (ii) suspend permanently or terminate the access to Third Generation Services, by such Third Party User.
E-mail and Anti-Spamming Policy
Users may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.
Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Third Generation upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, Third Generation will consider the mass mailing to be unsolicited.
Mailing Lists – Users are prohibited from operating mailing lists, listservers, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to Third Generation upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Third Generation will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.
Other prohibited activities include, without limitation, the following:
- Use of Third Generation Services for the receipt of replies to unsolicited mass e-mail.
- Forgery of e-mail headers (“spoofing”).
- Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
- Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
- Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
- Hosting web pages or providing services that support spam.
- Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
- Instructing others in any activity prohibited by this AUP.
If any Customer or any Third Party User that is a customer of our Customer uses Third Generation Services or its physical infrastructure in a manner that causes Third Generation to be “blacklisted” or blocked, Third Generation reserves the right to (i) suspend permanently or terminate Third Generation Services of such Customer and/or (ii) suspend permanently or terminate the access to Third Generation Services or its physical infrastructure by such Third Party User. Operating Third Generation Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Block Removal – If, as a result of a Customer’s actions, Third Generation’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Third Generation shall charge Customer $100.00 upfront and $100.00 per hour thereafter for any necessary remedial actions.
A Customer shall not use any IP address that was not assigned by Third Generation. Third Generation reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.
Customers may not operate and maintain IRC servers which connect to global IRC networks such as but not limited to, Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Third Generation may null-route, filter, suspend, or terminate that Customer’s service.
Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. Third Generation reserves the right to determine whether such posts violate the AUP.
Users will cooperate and comply with any civil or criminal investigation regarding use of Third Generation Services, Third Generation Network or its physical infrastructure or content located on its Servers or transmitted using Third Generation Services, Third Generation Network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). Third Generation may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Third Generation’s compliance with any Investigation. Third Generation reserves the right to comply with any Investigation without notice to a User. Customers shall not be entitled to a refund or any service credits, and Third Generation shall not be in default under any agreement for Third Generation Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. Third Generation also reserves the right to disclose information relating to Users and their use of Third Generation Services, Third Generation Network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by Third Generation in its sole discretion.
Policy Enforcement and Resolution
Violations of this AUP are, at the sole discretion of Third Generation, enforced by issuance of a Policy Enforcement notice to the registered contact email addresses of the Services, Servers, or IP Addresses and, additionally, may be issued to the registered abuse contact email addresses of the Services, Servers, or IP Addresses. It is your responsibility to request from email@example.com the abuse contact email addresses. Failure to receive a Policy Enforcement notice does not limit the right of enforcement by Third Generation of this AUP or your responsibility to resolve violations of this AUP in a manner acceptable to Third Generation.
All domains, sites, users, or exploits causing a violation of this AUP must be removed from the Services, Servers, and IP Addresses of Third Generation. Any improperly configured or insecure software causing a violation of this AUP must be properly configured, hardened, or removed. You must reply to the Policy Enforcement notice within the time frame given in the notice with appropriate comments, questions, or actions to resolve the violations cited in the notice. Depending on the violation type, severity, history, quantity of complaints, upstream provider requirements, and other factors, your Services, Servers, or IP Addresses may be in addition to the remedial provisions provided elsewhere in this AUP
- Monitored for Additional Violations
- Accessed for Investigation, Cleaning, Hardening, or Securing
- Disconnected in 24-Hours, 12-Hours, 6-Hours, 3-Hours, 1-Hour, or 0-Hours
- Required to Reload possibly with No Data Recovery
- Hard Drives Seized
- Port Shutdown
- On 30-Day Probation
- Reviewed for Cancellation
- Removal of DNS Records from Servers.
- Block mail or any other network service.
If there is a violation of this AUP direct the information to the Abuse Department at firstname.lastname@example.org.
If available, please provide the following information
- The IP address used to commit the alleged violation.
- The date and time of the alleged violation, including the time zone or offset from GMT.
- Evidence of the alleged violation.
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Third Generation may take any one or more of the following actions in response to complaints
- Issue written or verbal warnings.
- Suspend the User's newsgroup posting privileges.
- Suspend the User's account.
- Terminate the User's account.
- Bill the User for administrative costs and/or reactivation charges.
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.
If any User uses Third Generation Services, Third Generation Network or its physical infrastructure in a manner that exposes Third Generation to potential liability, as reasonably determined by Third Generation, Third Generation may suspend permanently or terminate the access to Third Generation Services, Third Generation Network or its physical infrastructure by such User.
The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Third Generation may take to enforce and ensure compliance with this AUP. Third Generation reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.
Third Generation reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, Third Generation Network or its physical infrastructure.