Acceptable Use Policy

Overview

As a provider of hosting and other Internet-related services, Rokabear offers its customer (also known as 'Subscribers') and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Rokabear respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Rokabear reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Rokabear has developed an Acceptable Use Policy ('AUP'), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Rokabear's services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Rokabear cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Rokabear cannot monitor or censor the Internet, and will not attempt to do so, Rokabear cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Rokabear does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Rokabear's network and may reach a large number of people, including both subscribers and non-subscribers of Rokabear, subscribers' postings to the Internet may affect other subscribers and may affect Rokabear's goodwill, business, reputation or operations. For these reasons, subscribers violate Rokabear policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Prohibited Activities

Prohibited are sites that promote any illegal activity or present content that may be damaging to Rokabear's servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • pirated software
  • hacker programs or archives
  • Warez sites

  • Exceptions can be made for legitimate security organizations, but the customer must have written consent from Rokabear. To obtain permission for a legitimate security organization please write info@rokabear.com and explain your intent.

    NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, ROKABEAR WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

    Spamming

    Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Rokabear, but also because it can overload Rokabear' network and disrupt service to Rokabear' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Rokabear will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Rokabear reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Rokabear choose to pursue and prosecute.

    Obscene Speech or Materials

    Using Rokabear' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Rokabear is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

    Defamatory or Abusive Language

    Using Rokabear' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

    Internet Relay Chat

    We currently do not allow IRC or IRC bots to be operated on our servers.

    Forging of Headers

    Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

    Illegal or Unauthorized Access to Other Computers or Networks:

    Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as 'hacking'). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

    Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

    Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

    Facilitation a Violation of this AUP:

    Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

    Export Control Violations:

    Exporting encryption software over the Internet or otherwise, to points outside the United States.

    Usenet Groups

    Rokabear reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

    Other Activities

    Engaging in activities, whether lawful or unlawful, that Rokabear determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

    As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Rokabear will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Rokabear's policy or applicable law. However, when Rokabear becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Rokabear.

    Rokabear is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Rokabear's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Rokabear does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Rokabear reserves the right to directly take action against a customer of its subscribers. Also, Rokabear may take action against the Rokabear's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Rokabear anticipates that subscribers who offer Internet services will cooperate with Rokabear in any corrective or preventive action that Rokabear deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Rokabear policy.

    Rokabear will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Rokabear may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Rokabear may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Rokabear assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Rokabear may disclose subscriber information or information transmitted over its network where necessary to protect Rokabear and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Rokabear will never sell information to other services or outside companies.

    Rokabear expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Rokabear policy. Finally, Rokabear wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Rokabear for any violation of the Service Agreement, law or Rokabear policy resulting in loss to Rokabear or the bringing of any claim against Rokabear by any third party. This means that, if Rokabear is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Rokabear, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Rokabear and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@rokabear.com.

    Security Practices

    The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Rokabear will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Rokabear is not liable for any usage and or charges prior to Rokabear making the necessary account alteration. Electronic mail on this system is as private as we can make it. Rokabear customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted and even encrypted information is only as secure as the encryption method utilized.

    Data Storage

    Rokabear is not responsible for any Customer's personal files residing on Rokabear. The Customer is responsible for independent backup of the Customer's data that is stored on Rokabear. Rokabear reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between Rokabear and the Customer.

    Digital Millennium Copyright Act (DMCA) Violation Reporting Guidelines

    Reports of DMCA violations must meet the following criteria:
    A. Reports must be submitted by mail to the following address:
    Rokabear
    c/o DMCA Contact
    13650 Dulles Technology Drive, Suite 100
    Herndon, VA 20147
    B. Reports must be signed by the holder of the infringed copyright or the holder's authorized agent.
    C. Reports must clearly and specifically indication the exact location (URL), nature, and extend of each instance of allegedly infringing content.
    D. Reports must clearly and specifically identify the exact copyrighted material that is being infringed.
    E. Reports must include sufficient documentation to allow us to verify with certainty the copyright status of the reported material.
    F. Reports must include full and complete contact information for the copyright holder and, if applicable, copyright holder's authorized agent.
    G. Reports must include the statement 'I have a good faith belief that use of the copyrighted materials described herein is not authorized by the copyright holder, the copyright holder's agent, or the law. I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the agent authorized to act on behalf of the owner of certain intellectual property rights and the information in this notification is accurate.'
    H. Questions about the Digital Millennium Copyright Act (DMCA) and/or its provisions should be directed to a legal professional.
    I. Reports will not be accepted via email.

    Governing Law

    This Agreement is governed by, and will be construed in accordance with, the internal laws of the State of Virginia, without giving effect to the principles of conflict of laws thereof. Each Party submits to the exclusive jurisdiction of any federal or state court in, or whose jurisdiction encompasses, Fairfax County, Virginia ( Virginia Court ) in respect of any action or proceeding arising out of this Agreement, agrees that venue for any such action may be properly laid in any Virginia Court, and each party waives any objection to the bringing of any such action or proceeding in such venue.

    Last updated 12/1/2014

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