Skylark Hosting’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Skylark Hosting expects of them while using the service. All users of Skylark Hosting’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of Skylark Hosting Service constitutes acceptance and agreement to Skylark Hosting’s AUP as well as Skylark Hosting’s TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Skylark Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Skylark Hosting account or other actions.
This document is intended to provide a basic understand of Skylark Hosting’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Skylark Hosting’s
– Ensure reliable service to our customers
– Ensure security and privacy of our systems and network, as well as the networks and systems of others
– Comply with existing laws
– Maintain our reputation as a responsible service provider
– Encourage responsible use of the Internet and discourage activities which reduce the usability and value
– Preserve the value of Internet resources as a conduit for free expression and exchange of information
– Preserve the privacy and security of individual users
Skylark Hosting intends to provide its customers access to everything the Internet has to offer. While Skylark Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Skylark Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Skylark Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your server to publish material, which Skylark Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a Skylark Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
VIOLATIONS OF SKYLARK HOSTING’S ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Skylark Hosting’s services may not be used for illegal purposes, or in support of illegal activities. Skylark Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors
Use of the Skylark Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Use of the Skylark Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of the Skylark Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Use of Skylark Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
Forgery or impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Email “Blast and Mailings
Skylark Hosting does not allow any form of mailings that are purchased mailing lists. The only acceptable email newsletters are those that strictly follow the CAN-SPAM Act. All emails within the mailing / newsletter database must be genuinely double-opt in.
Gambling sites (online casinos, betting and similar) are prohibited from being hosted on our servers. There is too much risk and fraud involved in these types of sites and bring much trouble, legally and technically (server traffic). It is best to find a host to accept your “gambling” site elsewhere. Skylark Hosting believes in hard work and proven effort to “pay bills” not “chances” and/or “luck”. Thank you for your understanding and respecting this policy perspective
Unsolicited e-mail / Unsolicited bulk e-mail (SPAM)
Use of the Skylark Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Skylark Hosting account.
Reverse DNS / PTR Requests / IP Address Clarification
All ptr requests must be valid live domains with content. This is a requirement for all rDNS / ptr requests. We do not accept ptr requests for domains with no web content. We also don’t allow mail from IP’s that send bulk mail anonymously. This is a strict policy! Any requests for new IP addresses will result in a $100 fee per change. Any request for new IP replacements after we confirm the originals provided to you have been blacklisted due to your activity will require a signed agreement as a goodwill promise not to abuse our network and IP addresses deployed to you.
We completely forbid any form of snowshoe spamming on our network. Anyone found to have such activity on our network will have their service immediately suspended without refund. Snowshoe spamming defined (from Spamhaus.org):
Like a snowshoe spreads the load of a traveler across a wide area of snow, snowshoe spamming uses many frequently-changing IP addresses, domains and aliases to spread out the spam load in order to dilute recipient reputation metrics and evade filters. Snowshoers use many fictitious business names (DBAs), fake names and identities, and frequently changing postal dropboxes and voicemail drops. Conversely, legitimate mailers try hard to build their brand reputation based on a real business address, a known domain and a small permanent range of sending IPs. Snowshoers often use anonymized or unidentifiable whois records, whereas legitimate senders are proud to provide their bona fide identity.
Some showshoers use tunneled connections from their back-end spam cannon to the spam egress IP. The back-end IP address is not in the spam headers. ISPs, you are in a position to detect those back-end spam cannons by checking where traffic flows are coming from. Remember, the tunneled connection is not necessarily on port 25. Spamhaus always appreciates such information.
Anyone hosting web sites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. A $50 charge per spam complaint for violating this policy will be charged to the person initiating the SPAM.
E-mail / News Bombing
Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Skylark Hosting account.
E-mail / Message Forging
Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Skylark Hosting service is in violation of this AUP.
Skylark Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Use of the Skylark Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Skylark Hosting’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Skylark Hosting account is subject to immediate termination or may charge a fee.
Copyright or trademark infringement
Use of the Skylark Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data
Use of the Skylark Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Use of IRC or IRC bots or clonebots is not allowed. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
Network disruptions and unfriendly activity
Use of the Skylark Hosting service for any activity which affects the ability of other people or systems to use Skylark Hosting Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Skylark Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Involves a knowing misrecode/css or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Skylark Hosting services could result in suspension service
Third Party Accountability
Skylark Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
You can upload Audio/Video Streaming on your shared account that you like as long as it does not violate any state/federal US laws. If we receive a copyright complaint regarding the streaming, we’ll suspend your account without noticed or terminated. Reseller account is not allowed to host Audio/Video Streaming. As such, Skylarkhosting.com does not allow any streaming of audio or video content for Reseller account. Offending accounts will be suspended without noticed or terminated.
The customer understands, acknowledges and agrees that Skylark Hosting may revise policies, agreements and notices at any time without notice and that he or she shall be bound by the policies, agreements and notices as currently posted on the Skylark Hosting web site which as a whole shall constitute Skylark Hosting’s Acceptable Use Agreement.
Skylark Hosting is committed to complying with U.S. copyright law and expects all end users who access some of our Services but do not have accounts (“Visitors”) as well as those who pay a monthly service fee to subscribe to the Services (“Subscribers”) to do the same.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
Users who violate systems or network security may incur criminal or civil liability. Skylark Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
P2P File Sharing
Nothing such as Kazza or any P2P system may be used on any of our services. Provision of such services will result in instant termination of your account without refund.
No Very High CPU Usage Programs Allowed / No DDOS
If you are DoS’ed we reserve the right to suspend your account to limit the attack. If you are found to have caused the DDOS your account may be suspended or cancelled, and a $50 cancellation fee will apply. You are responsible for any intrusive activity on your vps and dedicated server as well.
This constitutes of any hacked or pirated software. This is illegal and will not be tolerated. Any client found to be hosting such illegal content will be reported to proper authority without hesitation.
- No child pornography content
- No provision of free email services
- No provision of shell accounts
Skylark Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Skylark Hosting systems or networks. Skylark Hosting reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF AUP
Skylark Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department
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 file
REVISIONS TO THIS ACCEPTABLE USE POLICY
Skylark Hosting reserves the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner.