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Cubiex.com's Acceptable Use Policy ("AUP") is designed to provide a clear understanding of regulations and restrictions regarding the user of Cubiex.com's services.
Cubiex.com reserves the right to modify the Acceptable Use Policy from time to time, effective on the date of posting. Cubiex.com may not notify the customer of the change, however, it is the customers responsibility to frequently check back to ensure they are up to date with the policy.
By using our services, and agreeing to the Terms of Service ("TOS"), you agree to abide by the AUPs as modified from time to time. Any violation of the AUP may result in the suspension or termination of your service without notice and without refund. An activity that is unlisted may also be a violation of the AUP if it is illegal, irresponsible, or disruptive to the use of the Internet.
THE VIOLATION OF ANY AUP OR ANY OTHER POLICY IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION FROM THE SERVICES PROVIDED BY Cubiex.com. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF Cubiex.com'S SERVERS. "CONTENT" INCLUDES, BUT NOT LIMITED TO; E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS Cubiex.com'S POLICY TO TERMINATE REPEAT OFFENDERS; Cubiex.com RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME, WITHOUT REASON.
Violations of system or network security is strictly prohibited, and may result in criminal and civil liability. Cubiex.com may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected. The following are some examples of network or system violations:
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Cubiex.com's service to guess passwords or to access other systems or networks without authorization. Cubiex.com will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Cubiex.com account(s) or server(s) being shut down. All Cubiex customers are required to have valid full contact information on file. Accounts with false information will be suspended until valid information is placed on file.
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Cubiex.com may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, or indecently depicts children, or is likely to result in retaliation against Cubiex.com by offended users. Cubiex.com reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
The Cubiex.com network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Malaysia and United States or province regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to USD 250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to firstname.lastname@example.org. Cubiex.com will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Customers have a responsibility to use the Cubiex.com network responsibly. This includes respecting the other customers of Cubiex.com. Cubiex.com reserves the right to suspend and or cancel service with any Customer who uses the Cubiex.com network in such a way that adversely affects other Cubiex.com customers. This includes but is not limited to:
Cubiex.com will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Cubiex.com customer, whether or not the attacked account or computer belongs to Cubiex.com, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Cubiex.com is strictly prohibited.
Violations of this policy may be reported directly to the FBI (http://www.fbi.gov). Cubiex.com will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Cubiex.com services or products is prohibited. Using the Cubiex.com network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within Cubiex.com's network are open to the public. You are solely responsible for your usage of the Cubiex.com network and servers and any statement you make on servers hosted within the Cubiex.com network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Our policy on child pornography is zero tolerance. Cubiex.com will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Cubiex.com network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Cubiex.com will provide notification and will inform any customers in writing of improper materials on our servers. However, Cubiex.com reserves the right to disconnect any customers immediately.
Cubiex.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of Cubiex.com may not use or permit others to use our network to transact in UCE. Customers of Cubiex.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of Cubiex.com are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Cubiex.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of Cubiex.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Cubiex.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Cubiex.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Cubiex.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Cubiex.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cubiex.com will notify law enforcement officials if the violation is believed to be a criminal offense.
Violation of Cubiex.com's SPAM policy may be reported to email@example.com.
Cubiex.com does not allow the use of IRC on the Cubiex.com network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Violators' servers or shared accounts will be suspended.
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server or hosting plan to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Cubiex.com reserves the right to suspend network access to any customer if, in the judgment of the Cubiex.com network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Cubiex.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Cubiex.com reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Cubiex.com institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer (i.e. transfer, space etc.).
Cubiex.com wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Cubiex.com for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Cubiex.com or the bringing of any claim against Cubiex.com by any third-party. This means that if Cubiex.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Cubiex.com, plus costs and reasonable attorney's fees.
Cubiex.com is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Cubiex.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers, shared users and managed servers of Cubiex.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
Last Updated: August 18, 2008