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A server is not just a box - we believe it's a solution.

Anyone can sell a box - it's easy. You buy your components, you hire someone to put it together, you plug it into a network and then you can pass it off as a 'server'.

At DediCentral, we don't sell a box. We sell solutions built from high quality components, a choice of operating systems and control panels, and importantly, we support it.

Legal - Acceptable Use Policy (AUP)

Background

This "Acceptable Use Policy" or "AUP" of Clipped Limited applies to Clipped Limited, Clipped Servers, DediCentral, DediValue, and all other divisions, subsidiaries, affiliates and identities used by Clipped Limited and references hereinafter to Clipped includes reference to the foregoing terms. This AUP is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, and IP Addresses of Clipped. We may, from time to time at the sole discretion of Clipped, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and IP Addresses. We may further, from time to time at the sole discretion of Clipped Limited, modify this AUP and such modification shall become immediately effective upon posting of the modified AUP to our website or by notification to you of the modified AUP. This AUP is not exhaustive.

Hereinafter, "Services" is defined as any offering of Clipped Limited including, without limitation, those managed, in whole or in part, for you by Clipped, "Servers" is defined as any CPU based hardware platform of Clipped including, without limitation, those managed, in whole or in part, for you by Clipped, and "IP Addresses" is defined as any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address assigned by Clipped to you as part of the Services or Servers provided to you by Clipped.

By registering for or using the Services, Servers, or IP Addresses provided to you by Clipped, you accept and agree to abide by the terms and conditions of the "Terms of Service" or "TOS" of Clipped, the rules, regulations, and restrictions of the "Acceptable Use Policy" or "AUP" of Clipped, and the laws of the cities, states, and countries wherein the Services, Servers, or IP Addresses of Clipped are located which are hereby incorporated into this AUP. Solicitation of any illegal act on, to, from, or through the Services, Servers, or IP addresses provided to you by us, whether performed or not, is a violation of this AUP.

Specific Violations of This AUP (not an exclusive list)

Advance Fee Fraud
Spam to solicit an advance fee in return for monetary gain.

Child Porn Site
Hosting, distributing, or linking from a site to pornography involving a person under legal age. ( See Title 18 USC Chapter 110 SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2256 Definitions and § 2257 Record keeping requirements http://uscode.house.gov/download/pls/18C110.txt )

Child Porn Email
Sending email containing or linking to pornography involving a person under legal age. ( See Title 18 USC Chapter 110 SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN § 2256 Definitions and § 2257 Record keeping requirements http://uscode.house.gov/download/pls/18C110.txt )

Copyright
Hosting, distributing, or linking to copyright infringed materials. ( See http://www.copyright.gov/title17/92chap5.html )

Cracking
Brute force access of secured network devices.

DoS
Denial of service attack of network devices.

Embargo
Hosting or Linking to a Site Prohibited by Embargo.

Forgery
Faking an IP address, hostname, e-mail address, or header.

Fraud Site
Hosting or linking to a website intended to deceive the public.

Hacking
Circumventing security systems of network devices.

HYIP Site
Hosting or linking to a website of high yield investment program, Ponzi Scheme, or Pyramid Scheme.

ID Theft
Hosting, Distributing, or Linking to Stolen Account Identification Information.

Infection
Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.

Invalid Hostname
A vain, obscene, or malicious host name or domain name.

IRC Malicious
Malicious Use of Internet Relay Chat.

IRC Unregistered
Internet Relay Chat Server not Registered and Approved by our abuse department through a ticket request.

Open Relay
Hosting an Open Relay of Any Type.

Pharmaceuticals
Hosting, Distributing, or Linking to Pharmaceutical/Drug Sites.

Phishing
Identity Theft by Email Under False Pretense.

Proxies
We impose no specific restrictions on running ‘closed proxy’ services, which requires some form of authentication to access. If you wish to host an ‘open proxy’ service, please contact us in advance for permission. Permission is nearly always given on the basis that it will be withdrawn if any complaints are received or issues arise.

Proxy Hijack
Use of a Third Party Proxy Vulnerability or Trojan.

ROKSO
ROKSO Blacklisting at www.spamhaus.org of an IP. ( See http://www.spamhaus.org/rokso/index.lasso )

Scanning
Probing for Vulnerabilities of Network Devices.

Shells
Hosting Accounts Primarily for Shell Access.

SORBS
SORBS Blacklisting at www.sorbs.net of an IP.

Spam Cannon
Sending High Volume Spam (UBE).

Spam Email
Unsolicited Bulk Email (UBE).

Spam List
Hosting, Distributing, or Linking to Email Address Lists for Spam.

Spam News
Posting the same message repeatedly in any newsgroup or to multiple newsgroups or posting an off-topic message to a newsgroup.

Spam Site
Hosting a Site Advertised by Spam Email or Spam Web.

Spam Ware
Hosting, Distributing, or Linking to Software Designed for Spamming.

Spam Web
Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books.

Spamhaus
Spamhaus Blacklisting at www.spamhaus.org of an IP.

Terrorist Site
Hosting or Linking to a Site Advocating Terrorism. ( See http://www.treas.gov/offices/enforcement/ofac/programs/terror/terror.pdf )

Tools
Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Scanning Software or Instruction.

Trademark
Hosting, Distributing, or Linking to Trade Mark Infringed Materials.

Upstream AUP
Violation of AUP of the Upstream Provider of Clipped Limited.

Wares
Hosting, Distributing, or Linking to Cracks, Hacks, Key Generators, Serials, or Pirated Software.

Web Spider
Use of a Web Spider, Crawler, or Bot for Unauthorized Connection to 3rd Party Web Servers.

Action for AUP Violations

Violations of this AUP are, at the sole discretion of Clipped, 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 abuse@dedicentral.co.uk abuse contact email addresses. Failure to receive a Policy Enforcement notice does not limit the right of enforcement by us of this AUP or your responsibility to resolve violations of this AUP in a manner acceptable to us.

All domains, sites, users, or exploits causing a violation of this AUP must be removed from the Services, Servers, and IP Addresses of Clipped. 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:

  • Monitored for Additional Violations
  • Accessed for Investigation, Cleaning, Hardening, or Securing
  • Disconnected in 24-Hours, 12-Hours, 6-Hours, 3-Hours, 1-Hour, or Immediately
  • Required to Reload, possibly with No Data Recovery
  • Hard Drives Seized
  • Null-Routed
  • Port Shutdown
  • On 30-Day Probation
  • Reviewed for Cancellation
  • Cancelled

Management, Administration, and Security Responsibilities

You are solely responsible, without limitation, for the management, administration, and security of the Services, Servers, and IP Addresses provided to you by Clipped, for any and all data stored or transmitted on, to, from, or through the Services, Servers, and IP Addresses provided to you by us, and for all passwords provided to you by us.

Should it become necessary for Clipped to perform, at your request, any management, administration, or security work on the Services, Servers, or IP Addresses provided to you by Clipped to resolve a violation of this AUP in a manner acceptable to Clipped, you agree to pay Clipped $150.00 USD per hour, billed in one-hour increments, with a one-hour minimum.

Contact Information

You are responsible for maintaining your contact information in the ticket system such that your registered contact email address is always reachable even in the event of disconnection of the Services, Servers, or IP Addresses provided to you by us.

IP Address Overlap

Use of a publicly routable IP address not provided to you by Clipped on the Services or Servers provided to you by us is a violation of this AUP.

Network Performance

Clipped Limited provides shared network resources and, therefore, excessive use or abuse of these shared network resources by one client of Clipped may adversely affect other clients of Clipped or our network. Any misuse of network resources in a manner which may adversely affect other clients of Clipped or our network is a violation of this AUP.

Internet Etiquette

You and all users of the Services, Servers, and IP Addresses provided to you by Clipped are expected to practice good Internet etiquette (Netiquette). Any activity or data stored or transmitted on, to, from, or through the Services, Servers, or IP Addresses provided to you by us which may adversely affect our other clients or our network as a result of an offended third person or party is a violation of this AUP.

Definition of SPAM

All Unsolicited Bulk Email or "UBE", email which is both unsolicited and bulk, is hereby defined in this AUP as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient's personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al or "CAN-SPAM Act" applies to the definition of spam as used in this AUP.

Opt-In Mailing Lists

Mailing lists must be true opt-in which requires you to provide to the recipient either a confirmation email or a confirmation web page whereby the recipient must have replied with a confirmation email having a unique tracking number or must have clicked a hyperlink in the confirmation email having a unique tracking number maintained in your web server log file or must have clicked the hyperlink in the confirmation web page having a unique tracking number maintained in your web server log file thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific site both of which must be hosted on the network of Clipped Limited and under your administrative control. You are required to provide the confirmation email reply with unique tracking number or the web server log file line having the unique tracking number as evidence that the recipient did, indeed, opt-in to the email list. You are also required to provide at least one simple method to opt out of the email list which must be honored immediately.

Free Hosting Services

You are liable and responsible for violations of this AUP by all third persons or parties for whom you provide free web, mail, ftp, or other hosting. We strongly advise you not to provide free hosting to unknown third persons or parties. If a pattern of violations of this AUP from the Services, Servers, or IP Addresses provided to you by Clipped Limited occurs resulting from such free hosting, we may, at our sole discretion, suspend or cancel any or all Services, Servers, and IP Addresses provided to you by us or require you to remove such free hosting from the Services, Servers, and IP Addresses provided to you by us.

TOR and Anonymous Routers or Routing Protocols

If an alleged or actual violation of this AUP is believed, in the sole discretion of Clipped Limited, to have occurred on, to, from, or through the Services, Servers, or IP Addresses provided to you by us on which TOR or an anonymous router or routing protocol exists, the alleged or actual violation of this AUP shall be deemed to have occurred whether verifiable evidence exists or not and Clipped Limited shall enforce this AUP at our sole discretion.

Indemnification

You acknowledge your indemnification obligations under the terms of service of Clipped Limited 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 Clipped, the network and business operations of Clipped, related costs incurred by us, 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 Clipped 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

Disclaimer of responsibility

Clipped Limited assumes no liability or responsibility to any person or party for any violation of this aup by any other person or party. It is the policy of Clipped, but not its obligation, to monitor its network for potential, alleged, or actual violations of this AUP and to cancel egregious or repeat offenders of this aup without prior notice.

Subjugation

All resellers, clients, users, and sub networks of the services, servers, and IP addresses provided by us are subject to this AUP and any attempted or actual violation of this AUP by any person or party on your behalf shall be a violation of this AUP by you.

Prosecution and fines

Clipped Limited cooperates fully with law enforcement agencies in the investigation and prosecution of criminal activity and has zero tolerance for violations of this AUP. We reserve the right to levy charges of $500 to $5000 USD per incident for any violation of this AUP.

Copyright © 2006-2007 DediCentral. All rights reserved.
DediCentral is a trading name of Clipped Limited (SC315026).


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