Acceptable Use Policy

The Internet is a shared resource. Our Services are designed to be used by multiple individuals and entities. You and your End Users may only use the Services for a lawful purpose, further limited by our Agreement. You may not use the Services to transmit or disseminate material, data or information that violates the laws of any country, or U.S. federal, state or local regulation. You may not use the Services to facilitate or encourage a violation of these laws. The dissemination of child pornography, child erotica or bestiality is strictly prohibited, regardless of whether this data is allowed in your jurisdiction.

  1. The Services Must Be Used in a Positive Manner

    1. You may only distribute email to individuals who have notified you that they wish to receive your communications, or those of your customers. You must be in possession of that notice. Distribution of mail in any other manner is considered by us to be SPAM
    2. The Services may only be used to promote positive interaction with the Internet. Instruction on hacking, or engaging in other malicious behavior, is not allowed
    3. In many cases your use of the Services has impact on other users of our network. You may not use the Services in a manner that would affect their ability to use the Services.
    4. Collecting, or using, email addresses, screen names, or other personal identifiers without the consent of the person identified, is prohibited.
    5. The Services may only be used to identify you or your End Users. They may not be used to impersonate another person or entity. This includes spoofing email or network packet headers for any reason.
    6. Your conduct must be generally acceptable in the Internet community. Any conduct that is likely to result in retaliation against our business, including behavior that makes us or our network the subject of DDoS attacks, is prohibited. You are also not allowed to use our Server or network to carry out DDoS attacks or install IP stressers etc.
  2. The IP addresses Assigned to You May Not be Abused

    1. It is a violation of this AUP for the IP addresses assigned to you to be listed on an abuse database or blacklist.
    2. You may not rent out the IP addresses assigned to you.
    3. Your use of the Service must be reasonable
  3. Certain Uses of the Services Are Expressly Prohibited

    You may not use the Services for the following:

    1. To distribute pornography;
    2. To consume more than 10% of the network resources assigned to that Service;
    3. obscene speech;
    4. promoting violence or injury;
    5. using defamatory or abusive language;
    6. gambling, or similar activities such as pyramid or ponzi schemes;
    7. instructing others in prohibited activities;
    8. forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message;
    9. creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
    10. hacking, and/or subverting, or assisting others in subverting, the security or integrity of our services or systems;
    11. soliciting the performance of any illegal activity, even if the activity itself is not performed;
    12. Also prohibited are sites that promote any illegal activity, indulge in offering services like online lottery, or present content that may be damaging to SkylarkHosting.com servers or any other server on the internet. Links to such materials are also prohibited;
    13. Pirated software, Hacker programs or archives, Chat rooms, Warez sites, Any Site running background processes for fetching the data from internet websites, Any Site that consumes more than 10% of system resources, IRC Bots, imaging and file dump, mirror, Proxy Scripts, top sites (Warez), High-Yield Interest Programs (HYIP) or related sites, Escrow, Investment sites (egold exchange, FOREX), sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, AutoSurf sites, Bank Debenture Trading Programs, Prime Banks Programs, muds (multi-player computer game and chat rooms) / rpg’s (Role-playing game), Brute Force Programs, hate sites, sites promoting illegal activities, IP Scanners, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. You can not use your space for backup/storage device with the exception of your own web site;
    14. You and your End Users may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, copyrights, trademarks, service marks, trade secrets, software piracy and patents; and/or
    15. acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
    16. Spamming, or sending of unsolicited emails from an SkylarkHosting.com server or using an email address or domain that is maintained on an SkylarkHosting.com machine as reference is STRICTLY prohibited. This means that clients of SkylarkHosting.com will not use or permit others to use our network to transact in UCE (Unsolicited Commercial Emails). Violation of SkylarkHosting.com’s SPAM policy or anyone causing any of our IP space to be listed in any of the various Spam Databases will result in severe penalties.
    17. Any kind of News Bombing activities through emails that obstructs another people’s use of e-mail services or news;
    18. Any activity that is involved in forging any message header, in part or whole of any electronic transmission origination or passing through the SkylarkHosting.com service;
    19. The use of the SkylarkHosting.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of SkylarkHosting.com’s or another entity’s computer software or hardware, electronic communication system, or telecommunication system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited offending.
    20. Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true confirmed opt-in in nature. (Information regarding confirmed opt-in lists and responsible e-mail marketing can be found here) This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy.
    21. Upon notification of an alleged violation of our SPAM and other email policies listed as above, SkylarkHosting.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, SkylarkHosting.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, SkylarkHosting.com may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, SkylarkHosting.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SkylarkHosting.com will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an “Administrative Fee” of $200 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $400 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $180 per hour that SkylarkHosting.com personnel must spend to investigate the matter. SkylarkHosting.com will be the sole arbiter as to what constitutes a violation of this provision.
    22. Though we do not allow any form of SPAMMING from our servers and make sure that no such activities are done from our server, we DO NOT support email forwarding facility through AOL, comcast.net, att.net, sbcglobal.net, msn.com, hotmail.com, live.com, msn.net because it has been our experience that instead of tracing the origination of the SPAMMING they blacklist and block the immediate source of email thus jeopardizing the entire email activities en-routed through them.
  4. We Comply with the Digital Millennium Copyright Act

    1. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright law. We respect the intellectual property of others. You must do the same. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users who infringe. If we terminate this Agreement for your violation of the DMCA, you will not receive a refund of the Fees. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) with the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the site;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
      7. Our agent for notice of claims of copyright infringement can be reached as follows: abuse@skylarkhosting.com
      8. Other intellectual property claims
  5. U.S. Export Laws Apply to Use of the Services.

    1. Your use of the Services is governed by U.S. export control laws. These laws apply regardless of whether the you or your End User actually resides in the United States. You may not use the Services to engage in a violation of these laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export. You may not use the Services to provide services to entities with whom U.S. citizens may not do business.