Acceptable Usage Policy (AUP)

Ninja Hawk Solutions Inc. BASIC POLICY & SERVICE GUIDELINES (AUP) .
 
This Acceptable Use Policy (AUP) applies to all individuals, businesses, organizations, resellers, and end-clients (collectively, “users”) employing any Ninja Hawk Solutions Inc. services, hardware, property or other products.
 
Use of Ninja Hawk Solutions Inc. resources constitutes acceptance of all policies in effect at the time of use. Modification to this policy may be made at any time and will be immediately effective upon posted changes.
 
Ninja Hawk Solutions Inc. reserves the right to protect its resources, users, and reputation from any activity deemed damaging, offensive or abusive. To this measure, Ninja Hawk Solutions Inc. will act as sole arbiter in determining violations of this policy.
 
 
Provisions:
 
Use of Ninja Hawk Solutions Inc. services indicates the acknowledgment that:
 
Users are responsible for the security of accounts, systems, passwords, etc...and will not hold Ninja Hawk Solutions Inc. liable for any loss or damages caused by exploitation or any other misuse of Ninja Hawk Solutions Inc. resources.
Ninja Hawk Solutions Inc. is not responsible for any damages, anticipated or otherwise, caused by viewing materials, links, or other content posted to systems on the local network or linked via this network. All users agree to indemnify Ninja Hawk Solutions Inc. from any claims resulting from any use of its services.
Adult content is sanctioned by applicable local and federal governments/laws. Legal adult content is permitted on all Ninja Hawk Solutions Inc. product lines. The viewing, downloading, or possession of legal adult content by Ninja Hawk Solutions Inc. users and other Internet viewers, is not governed by Ninja Hawk Solutions Inc. policy, and is left to the discretion of individuals requesting this material.
Ninja Hawk Solutions Inc. may monitor its network and audit systems for any data or activity indicating potential policy violations.
Ninja Hawk Solutions Inc. reserves the right to remove any account without prior notice. If Ninja Hawk Solutions Inc. deactivates an account due to the direct or indirect participation of users engaging in illicit activities, any rights to a refund are forfeited by the client/reseller in control of the account at the time of the violation. Furthermore, no refunds for advance payments will be granted for deactivated accounts. Critical offenses and involvement in illegal activity will negate any perceived obligation of Ninja Hawk Solutions Inc. to return data.
 
Abusive Clientele:
 
Ninja Hawk Solutions Inc. may, at its discretion, suspend or terminate the service of any client/reseller who is financially delinquent, abusive/harassing to Ninja Hawk Solutions Inc. personnel, or causes general disruption to the operation of the company and service of its users. Examples of such activity include, but are not limited to:
 
verbal or written abuse of Ninja Hawk Solutions Inc. personnel (obscene language, threats, etc.)
excessive complaints or persistent disregard for alerts, warnings, and/or notices
repeated reactivation of abusive users
consistent errors or administrative changes causing unnecessary workload
spamming Ninja Hawk Solutions Inc. email addresses, ticket systems, and/or servers
frequent late or bounced payments
issuing chargebacks
public harassment or derogatory/false/exaggerated forum/discussion group postings
 
Abuse of Ninja Hawk Solutions Inc. Systems and Resources:
 
Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of Ninja Hawk Solutions Inc. resources, is a violation of this policy. Any attempt to harm equipment owned by Ninja Hawk Solutions Inc., or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.
 
 
Illegal Usage Restrictions:
 
Resources provided by Ninja Hawk Solutions Inc. may be used only for lawful purposes. Examples of unlawful content include, but are not limited to:
 
unlicensed hosting of, linking to, or any involvement in the transmission of copyrighted media, applications, published works, or any data protected by trade secret, without sufficient rights to engage in this activity
Bitcoin Minning
child pornography and/or kidnapping material
content deemed to be terroristic in nature
material posted to incite violence
violations of human and animal rights, including the display of acts of cruelty and other abuse
pyramid/ponzi schemes
fraudulent sites and other forms of “phishing” (emails/forms/sites used to gather personal information from unsuspecting individuals)
cracking programs and/or key generators
violations of import/export restrictions
Prohibited Usage Restrictions:
In addition to activities governed by law, Ninja Hawk Solutions Inc. strictly prohibits:
IRC and associated applications (including bouncers, "bots", etc.)
malware (malicious software) and/or botnets
automation tools, auto typers, macros and bots used to circumvent restrictions on games or other applications (e.g. RuneScape bots)
network and systems abuse scripts
circumvention of and/or provision of instructions to circumvent security measures
unnecessary port scans
threatening, harassing, or obscene content
anonymizers/proxies without password protection and sufficient logging (including open mail proxies, anonymous web surfing proxies)
proxy detection scripts
unsolicited and/or mass advertising via forums, blogs, comment forms, and newsgroups
mail bombing, email address harvesting, and/or unsolicited email (including bulk mail sent to unconfirmed recipients and individual unsolicited advertisement or link exchange requests)
HYIPs (high-yield investment programs)
excessive overutilization of resource limits
evasion of bans or blacklistings by changing domains/IPs
*** Links to unacceptable content are also prohibited.
 
Bulk Email & Blacklisting:
 
Ninja Hawk Solutions Inc. understands that bulk email is an important mechanism for keeping people informed. However, spamming from the Ninja Hawk Solutions Inc. network, and spamvertising (unsolicited advertising of) sites hosted on the Ninja Hawk Solutions Inc. network, is prohibited. Legitimate bulk email meets the following criteria:
 
ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails.
Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.
The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. If Ninja Hawk Solutions Inc. approaches a client for evidence of confirmation, the request must be honored within 48 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved. Ninja Hawk Solutions Inc. reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $100.00.
 
Policy Violations:
 
Storage, presentation, or transmission of any material in violation of any laws, or otherwise prohibited by Ninja Hawk Solutions Inc., is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services. The Ninja Hawk Solutions Inc. Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled. Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the satisfaction of Ninja Hawk Solutions Inc., within 24 hours of the notice. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a $50.00 fee. If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated. Repeated abuse and/or failure to respond to abuse alerts will result in service termination.
 
Note: It is extremely important to ensure that the abuse email address on record is valid and monitored at all times. This is the address used for abuse notifications and warnings. The address may be set within the client management interface.
 
Direct clients/resellers are fully responsible for any activity found to originate from products and/or services under their care. In any case involving unauthorized parties utilizing a Ninja Hawk Solutions Inc. service for abuse, the direct client/reseller is responsible for locating and stopping all affected applications, until the source of the problem is found and removed. Ninja Hawk Solutions Inc. may opt to disable all services until the client can perform such an investigation or the system can be secured or reinstalled. If the support of Ninja Hawk Solutions Inc. is required for the investigation, the client agrees to compensate Ninja Hawk Solutions Inc. at a rate of $65 USD/hour for such service. Reinstallations are performed at a flat-rate of $25 USD (which does not include any operating system changes or licensing costs). Direct clients/resellers are responsible for maintaining secure systems. This includes, but is not limited to:
 
requesting kernel updates
applying application patches
 
Ninja Hawk Solutions Inc. will not be responsible for securing dedicated servers, virtual private servers, user accounts/web sites, or third-party applications. Direct clients/resellers with fully managed support services, may be entitled to a higher level of support than clientele with basic management. Further details may be found in the Ninja Hawk Solutions Inc. Managed Services Definition and Backup Policy.
 
Resource Usage:
 
Resource usage should be maintained within levels outlined in product descriptions and/or service contracts. Abuse caused by users or unauthorized parties may increase resource usage and lead to overage fees. Overage fees apply to any service utilizing more than its assigned bandwidth allocation, except for services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless otherwise specified in the service agreement contract. MRTG or other bandwidth reports are available, upon request. Bandwidth is supplied from a shared pool and is not supplied as guaranteed/dedicated bandwidth, unless advertised as such specifically. Burstable usage of the UNMETERED service/port is permitted. However, a service that has heavy sustained usage may have its port capped and the client/reseller associated with the service may be required to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis, which may result in some slowdowns during peak traffic periods. Should a client/reseller utilize or require large amounts of bandwidth, beyond the standard bandwidth allocation, Ninja Hawk Solutions Inc. may require a deposit.
 
 
Port Usage:
 
Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold with a specified port size (ie. 10MBPS UNMETERED) or specified/requested as a “capped” port. Ninja Hawk Solutions Inc. reserves the right to monitor network usage and throttle the available speed (if a service significantly exceeds average usage) to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, and not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If, at any time, a client's or reseller's data transfer rate affects other Ninja Hawk Solutions Inc. clientele, Ninja Hawk Solutions Inc. reserves the right to throttle and/or disconnect the service at the source of the problem.
 
 
Filtering:
 
Ninja Hawk Solutions Inc. reserves the right to block, filter, or throttle ports and/or IP address ranges. For example, this may include blocking Port 6667 (IRC), denying access from a known spammer’s IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, eDonkey, etc...). This may also include prioritization of certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.
 
 
Virtual Hosting:
 
Ninja Hawk Solutions Inc. is pleased to offer unlimited traffic/hits and server usage to Virtual Hosting clientele. “Unlimited traffic/hits” refers to the number of visitors to a website and NOT the total amount of bandwidth/data transfer. Each Virtual Hosting account is still limited to the bandwidth/data transfer included with its associated service/package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:
 
banner, graphic, or CGI scripts running from the service and/or being utilized on other domains/websites
large graphic or download archives/galleries
large chat room gatherings
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded. To reduce the load on a server, Ninja Hawk Solutions Inc. reserves the right to relocate any site to a different server and/or IP address.
 
Virtual Private Servers (VPS):
 
To maintain the integrity of Ninja Hawk Solutions Inc. services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage. Additionally, to reduce the load on servers, Ninja Hawk Solutions Inc. may relocate virtual private server containers to different nodes and/or IP addresses.
 
 
Internet Access:
 
Ninja Hawk Solutions Inc. does not allow multiple dial-in connections on a single dial-up access account. Multiple computers/networks are permitted to a single Ninja Hawk Solutions Inc. Internet Access service. Internet Access clientele are responsible for maintaining/securing their computer systems. Should any system become infected with a virus and/or spyware which causes or threatens harm to the Ninja Hawk Solutions Inc. network, Ninja Hawk Solutions Inc. may suspend service until the source of the problem is found and corrected.
 
 
Backup Service:
 
To maintain the integrity of backup services, Ninja Hawk Solutions Inc. may relocate any backup service to a different server and/or IP address in an effort to reduce the load on the current hosting server. Download/FTP sites, web-serving (httpd), and/or any usage that results in heavy upstream/outgoing bandwidth consumption (beyond that of normal backup operations) is not permitted on the backup service machines. This service is meant for the backup/restore/sharing/storing of data and not for usage normally performed by web/database servers.
 
 
Idle Timeouts: 
 
Ninja Hawk Solutions Inc. may disconnect any idle connection to the network. Average timeouts are:
 
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet/SSH - 2 hours
 
Special Terms and Conditions – 100TB Service:
 
Service Limitation. This service is a special limited time offer by Ninja Hawk Solutions Inc., and may be cancelled, modified, or withdrawn at any time, following 14 days notice emailed to the Client.
 
Fair Usage Policy:
 
The service is provided to the Client for normal, fair, and reasonable usage. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns/spikes. In the event Ninja Hawk Solutions Inc., in its sole discretion, determines that the Client is not using the service according to this Fair Use Policy, Ninja Hawk Solutions Inc. will be entitled to: 
(a) impose limits on the speed of the data the Client may transmit and/or receive with this service; 
(b) adjust pricing of service to regular/standard bandwidth rates; and/or 
(c) suspend or terminate the service provided to the Client, at Ninja Hawk Solutions Inc.'s sole discretion.
 
CDN or Media Streaming:
 
Client shall not be entitled to use the service for the purpose of operating a Content Distribution Network (CDN) and/or Streaming Media service, except with Ninja Hawk Solutions Inc.'s prior written consent, which consent may be approved or denied at Ninja Hawk Solutions Inc.'s sole discretion. Special requests to use the service to run such, may be approved on a case-by-case basis, and we do recommend you contact us to discuss.
 
Notice of Breach:
 
Whenever reasonably possible, in the event of a Client breach of any Special Terms and Conditions for this service, Ninja Hawk Solutions Inc. will email the Client allowing 24 hours to cure the breach, before Ninja Hawk Solutions Inc. takes any action. If the breach re-occurs within the 30 days following, Ninja Hawk Solutions Inc. may take any action permitted in the Fair Usage Policy, without further notice to the Client. Failure to comply with this policy may result in termination of service, and a refund not granted.
 

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