September 1st - Russ
Direct Admin now available on ALL servers.
July 20th - Dave
Welcome to ServerForce.us part of the Force Companies, LLC network.
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1. Scope and Purpose
Superb Internet Corporation (hereafter referred to as "Superb") provides
services to view and use products, services, and other materials made
available over the Internet (Content). By its nature, the Internet is
designed to permit the expression of a wide variety of commercial and
non-commercial messages, as well as purchase and use products, services,
and other items. However, the Internet is not owned or controlled by any
one entity. Superb can not, and does not, monitor or control any Content,
including its customer's Content. Use of the Internet, as a provider Content,
or as a user of it, requires a high level of individual judgment. By accessing
the Internet, you assume the risk that Content available through Superb's
services may be inaccurate, offensive, illegal or otherwise unsuitable
to your individual tastes, and/or needs. Superb can not, and will not,
accept responsibility for injury that results from this Content, even
if that Content may be legally actionable.
To balance the often competing issues that the nature of the Internet
creates, Superb has created this Acceptable Use Policy (AUP). This AUP
governs the use of the services provided by Superb, its customers, visitors
to Superb's web sites, and visitors to customer's web sites (all such
collectively referred to as "End Users"). It is a part of each customer's
agreement with Superb and is incorporated by this reference. While this AUP
is designed to facilitate open and free use of the Internet, and balance
issues presented by that use, Superb may take actions based on this AUP that
in its sole opinion are in its best business interests, regardless of
whether the use itself is legal.
In particular, Superb encourages prospective customers to carefully review sections of
this AUP covering E-Mail/SPAM, Intellectual Property Violations, and Security.
A thorough review of those sections, and the entire AUP, may help avoid
creating issues under it that will cause Superb to take action, up to,
and including, termination of a customer's account.
Customers violate this AUP when they or End Users engage in activities
prohibited by it. It is a customer's responsibility and contractual obligation
to ensure that End Users comply with this AUP. Superb expects that customers
will cooperate with it in the enforcement and administration of this AUP.
A customer's failure to do so is a violation of their contract.
2. Conduct
2.1 Lawful Use
Superb's services may be used for lawful purposes only. Customers
and End Users may not use Superb's services to directly facilitate the
violation of any particular law or regulation. Use of Superb's services
is governed by the laws of the United States, regardless of the physical
location of the Customer or End User.
2.2 Other Acceptable Use Policies
When using Superb to connect to other systems, our customers must respect
any acceptable use policies, terms of service, terms and conditions or
similar restrictions placed on their use by the owners of those systems.
3. Accountability
Any use of a customer's account, server, or any other service provided
by Superb will be considered use by the individual or entity set out in
Superb's records as the owner, or principal contact. This individual or
entity will be held responsible for all contractual obligations including
violations of this AUP. The security of a customer's systems and account
details are the responsibility of the customer. The primary contact is
considered the owner or authorized user of all data using Superb's services.
Superb recommends that customers take steps to ensure that all use of their
account and/or server is authorized. This includes restricting physical access
to their computers and networks, logging their use, and ensuring that their account
details (especially passwords) are stored securely. Connecting a computer
to the Internet exposes it to millions of other computers. Superb recommends
that customers ensure that their computer is secured against abuse from
the Internet. All security related responsibilities are those of the customer
unless otherwise agreed upon in writing. Computers are configured to facilitate
their operation in Superb's network. This configuration may be less secure
than others. Customers are encouraged to review security protocols and
ensure that they have selected the security level fitting their needs.
Superb makes no warranties regarding the security of its network.
The structure and nature of the Internet community changes often. Activities
that may at one time have been considered to be acceptable to the general
public, may, over time, become unacceptable. Superb, customers, and End Users
do business in this unstable and unpredictable environment. Superb will
attempt to give customers 30 days prior notice of a material change to
this AUP. Such a notice will be posted at http://support.superb.net/data/aup.php.
However, because of the nature of the Internet, Superb reserves the right
to change this AUP without notice. Continued use of Superb's services
constitutes acceptance of the most current version of the AUP.
It is the
responsibility of the customer to notify Superb of any changes to their
account or contact information. Superb has no responsibility for communications
that are misdirected as a result of customer's failure to provide Superb
with updated contact information.
4. Contacting Superb regarding violation of this AUP
E-mail addresses used to contact Superb are set out within this AUP. Please
note, that Superb has created special addresses for certain types of complaints.
Complaints misdirected by an End User may not be responded to. Complaints
submitted to Superb are not confidential and may be forwarded to Superb's
customer or law enforcement, without notice. Superb does not recognize
requests that complaints be kept confidential, and will not honor those
requests.
Complaints for which a particular e-mail or other contact address is not
specified in this AUP, should be sent to abuse@superb.net. Complainants
should include as much detail as possible. Relevant E-mails or Usenet
postings (including all headers) and logs, together with references to
charters, acceptable use policies and other supporting evidence should
all be included when they are available. Some abuse complaints may not
receive a reply depending on the volume of abuse complaints about that
particular issue.
Superb recognizes that it is often expedient to request that Superb take
action related to a customer or End User. However, Superb is not always
in the best position to take action. The fact that a particular activity
is prohibited in this AUP does not obligate Superb to take any specific
action.
5. Intellectual Property Rights
Customers warrant that their use of Superb's services are authorized,
and that they are the lawful owner, or licensee of Content, placed on,
or accessed through those services.
5.1 Copyright Infringement
Superb is registered with the United States Copyright Office pursuant
to the Digital Millennium Copyright Act (DMCA). The DMCA contains very
specific criteria setting out what an allegation of copyright infringement
must contain. The criteria are available at http://www.copyright.gov/title17/92chap5.html#512.
Superb is not required to respond to notices that do not fall within these
criteria. Please review them carefully. Under Federal Law, you may be
subject to heavy civil penalties if you misrepresent your copyright interest
in a DMCA complaint.
Superb's designated agent for receipt of notices pursuant to the DMCA
is:
- Landon
Stewart
Superb
Internet Corporation
14th floor
- 700 West Pender Street
Vancouver,
British Columbia V6C 1G8
Canada
E-mail:
abuse@superb.net
Fax: 1-604-608-2953
5.2 Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or misappropriates
the intellectual property rights of others. This includes but is not limited
to, trademarks, service marks, trade secrets, software piracy and patents.
Complaints about such activity by customers or End Users may be directed
to abuse@superb.net.
6. Certain Content Restrictions
Superb does not knowingly host sites containing Child Pornography, Child
Erotica or Bestiality. For the purposes of this AUP, Superb does not distinguish
between Child Pornography, and Child Erotica, and both are collectively
referred to as Child Pornography. Customers and End Users are prohibited
from using Superb's services to disseminate or access Child Pornography
and Bestiality. Superb is required by law to report the use of its services
to disseminate or display Child Pornography and Bestiality. Superb actively
cooperates with law enforcement in their efforts to prosecute violations
of U.S. statutes restricting Child Pornography and Bestiality, and will
do so without informing customers or End Users.
Child Pornography and/or Bestiality complaints may be directed to abuse@superb.net.
Further information about child pornography may be found at www.ncmec.org
7. U.S. Export and Import Laws
Customers and End Users may not use Superb's services to engage in a violation
of U.S. export and import control laws. Violation of these laws may include
selling products that may be legal to sell in the U.S., but illegal to export;
or legal to sell in one country, and illegal to sell in the U.S.. Customers
may not use Superb's services to provide services to End Users with whom
U.S. citizens may not do business.
More information about U.S. export laws may be found at http://www.export.gov/exportcontrols.html
8. Privacy
Customers and End Users should not assume that any information in Superb's
possession is confidential or will not be disclosed.
Customers and End Users should not assume that they will receive notice
of subpoenas and requests for information related to their accounts.
Superb's privacy policy may be found at http://support.superb.net/data/p-priv.php.
9. IP Addresses
Superb owns IP numbers and addresses assigned to customers. Superb may,
in its sole discretion, change these numbers. These numbers may not be transferred
to another provider.
10. Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about Superb's customers,
and/or their use of Superb's services, are required to submit a subpoena,
or other similar document, pursuant to which Superb is required by law to
produce this information (Subpoena). Unless specifically required by law
and so clearly communicated to Superb, the Subpoena will be transmitted
to Superb's customer.
Civil demands for information, such as discovery requests and similar demands
(Civil Demands), must be part of a filed and pending litigation matter.
Responses to Civil Demands are at Superb's discretion. Responses are subject
to a response fee of $250 per hour. Superb does not honor requests from
civil litigants to limit or to pre-approve response expenses. Civil litigants
are encouraged to contact Superb prior to serving Civil Demands in order
to minimize their expense.
Address for Subpoenas and Civil Demands:
- Legal
Department
- Superb
Internet Corporation
- 14th floor
- 700 West Pender Street
- Vancouver,
British Columbia V6C 1G8
- Canada
11. Security
11.1 Unauthorized Access
Under no circumstances may Superb's systems be used to gain access
or deny access to a system or attempt to gain or attempt to deny access
to a system without the permission of the system's owners (or rightful
users).
11.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately
consume the resources of a system in order to reduce its ability to serve
its function.
Under no circumstances may Superb's systems be used in DoS attacks.
11.3 Probes and Scans
11.3.1 Definitions
Probe
A probe is a connection made to a computer in order to determine
if it has a security vulnerability (for example, testing a mail relay
to see if it allows third party relay). This also includes un-authorized
security testing of any system or network.
Port-Scan
A port scan is making multiple attempts to connect to a computer
on different ports in order to determine the services it provides.
Sweep
A sweep is a series of attempts to connect to multiple network
addresses in order to determine whether they are in-use, providing a specific
service or to map a network's topology.
Spoofing
Spoofing is faking the details of a connection in order to make
it appear to come from a different computer, organization or individual
without their permission.
11.3.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express
permission of the owners of those systems is prohibited, and may be reported
to law enforcement agencies.
Superb reserves the right to use probes, port-scans, sweeps and spoofing
on any system connected to the Superb network in the course of performing
security assessments and threat management.
11.3.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be
rectified as soon as possible. Superb reserves the right to disconnect
an infected customer if damage to other servers or third parties cannot
be avoided otherwise. Notification will be sent if a disconnection is
necessary, but there may be no delay between notification and disconnection.
12. E-Mail
12.1 E-mail/Spam
Generally
The Internet is a robust source for communication between individuals
and entities. Superb supports the use of E-mail for legitimate communications
in a manner that is generally accepted. The use of E-mail for unsolicited
bulk E-mails is not generally accepted. The use of Superb's services to
transmit this type of E-mail is specifically prohibited by this AUP. While
differences of opinion may exist on what type of E-mail communication
constitutes unsolicited bulk E-mail, or SPAM, Superb's customers and End
Users are required to abide by the definitions and restrictions in this
AUP, regardless of whether a particular type of E-mail communication is
permissible by law or other regulation.
12.1.1 Definitions
Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar E-mails to more
than 20 E-mail addresses.
Commercial E-mail
Commercial E-mail is any E-mail message, the primary purpose of
which, is the commercial advertisement or promotion of a commercial product
or service, including Content on a web site, which is operated for a commercial
purpose, or which has as its primary goal, a commercial purpose.
12.1.2 Superb's services may not be used to send UBE and UCE (a.k.a. spam)
Superb's systems may not be used to send Unsolicited Bulk E-mails
(UBE) or Unsolicited Commercial E-mails (UCE).
Customers or others acting on their behalf may not send UBE or UCE promoting
or advertising domain names, URIs
or E-mail addresses hosted by Superb.
See RFC2635
for more information on spam.
12.1.3 Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement
on any public bulletin board system or web site unless it is expressly
allowed on that system or web site. Complaints will be handled the in
the same manner as UBE and UCE complaints.
12.2 Mail Bombing
Mail Bombing is sending more than 10 substantively similar
E-mails to the same recipient in any 24-hour period.
Superb's systems may not be used to engage in Mail Bombing.
13. Usenet
Usenet is a distributed hierarchy of publicly accessible forums primarily
defined by RFC1036.
13.1 Usenet Spam
13.1.1 Definitions
Cross-Posting
Cross posting is posting a single Usenet message that is marked
as appearing in multiple newsgroups.
Multi-Posting
Multi-posting is repeatedly posting identical or substantively
similar messages. Multi-posting is considered bad because each copy of
a multi-posting must be separately distributed across Usenet, whereas
a cross-posted message need only be transferred once (even though it appears
in multiple newsgroups).
Briedbart Index
In order to quantify how bad a multi-posted or cross-posted message is
the Briedbart index is used.
If during any 45 day period, a series of substantively similar messages
are posted, the first cross-posted to n1 groups, the second to n2 groups,
the third to n3 groups, etc. The Briedbart index of that series
of postings is calculated as the sum of the square roots of n1, n2, n3,
etc.
Excessive Multi-Posting (EMP)
Any series of substantively similar postings with a Briedbart index greater
than 20 constitutes Excessive Multi-Posting (EMP).
13.1.2 Prohibition of EMP
Superb's systems may not be used for EMP. Customers or others acting on their behalf may not engage in EMP promoting
or advertising domain names, URIs
or E-mail addresses hosted by Superb.
13.2 Off-Topic Posts
13.2.1 Definitions
Charter
Many newsgroups have charters which place restrictions on what
messages may be posted to them. Charters can be searched for here: http://www.faqs.org/faqs/faqsearch.html.
Off-topic
Where a charter exists for a newsgroup, a message posted to it which violates
that charter is off-topic.
13.2.2 Prohibition of Off-Topic Posts
Superb's systems may not be used to post off-topic messages. Customers or others acting on their behalf may not post off-topic messages
promoting or advertising domain names, URIs
or E-mail addresses hosted by us is also prohibited.
14. Prohibited Services & Protocols
14.1 IRC
IRC related programs, including, but not limited to, clients, bots,
and servers, may not be run using Superb's services. No connections to
IRC or IRC-like servers or hosts may be made from Superb's services.
14.2 Multicast
Customers may not make use of the multicast protocol unless they have
a written and signed exemption to this rule from Superb. Customers using
the multicast protocol without prior written authorization will be billed
up to $500 per hour that multicast is used.
15. Consequences
Superb expressly reserves the right to suspend or terminate, without notice,
all services for any customer who violates our terms and conditions. The
sub-sections in this section are only presented as a guide to how complaints
are normally handled. Complaints about any violation or unacceptable activity
may lead to suspension or termination of any service or services offered
by Superb. No refunds are provided for services terminated because of
any violations of this AUP.
If practical, we will contact the customer (either by telephone
or E-mail) before any action is taken. Where Superb believes that that
the violation was accidental or will not be repeated, Superb may, at its
discretion, choose to re-enable services. In these circumstances Superb
may also place restrictions or further conditions on the customers use
of Superb's systems, require a formal undertaking from them regarding
their future conduct or require payment to cover costs incurred by Superb
in dealing with the abuse incident.
In certain circumstances, Superb may suspend a customer's services in
the interests of preventing further abuse while Superb investigates.
15.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will
be dealt with firmly by Superb. Since it is true that complaints do come
in about UBE or UCE and the complainant is actually a valid subscriber
there is an allowance as follows: The responsibility lies on the customer
to make sure their mailing lists are kept up to date and clean of all
non-subscribers. Even responded to warnings under section 15.1.1 below
will count against the total for subsequent sections following 15.1.1.
15.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period
the customer will be notified of those complaints with copies of the reported
E-mails. This one chance will be given to cease this activity, secure
the system from relaying/abuse, or unsubscribe those who filed the complaints.
15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods
service will be suspended for ten days. The customer will be notified
of those complaints with copies of the reported E-mails. It will be the
responsibility of the customer to request reconnection when the ten day
suspension period has expired. A reconnection fee, equivalent to the a
normal account/service set-up fee, will apply.
15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive
24-hour periods the account will be terminated immediately. Notification
will be sent after services are terminated.
15.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy, the
customer will be notified after services are suspended. Restoration of
service will require written acknowledgement of the reason for
suspension and either:
1) An indication
that the security issue will be remedied including how this will be
achieved; or
2) The customer pays Superb to remedy the security issue on the customer's
behalf.
15.1.5 If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third Party
If any services consumed by a customer, or that customer's subscribers,
is found to be the cause for any part of Superb's network being blocked
or 'blacklisted' by any third party in any way, Superb reserves the right
to terminate some or all services offered by Superb without notice. It
is the responsibility of all customers to be sure they and their subscribers
are not abusing our network and causing service problems for other Superb
customers.
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