Netaction Hosting
Terms of Services
As a provider of Internet access, web site hosting, and other
Internet-related services, Netaction offers its customers (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. Netaction respects that the Internet
provides a forum for free and open discussion and dissemination
of information, however, when there are competing interests
at issue; Netaction reserves the right to take certain preventative
or corrective actions. In order to protect these competing interests,
Netaction 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 utilizing Netaction's services.
This AUP will be revised from time to time. A customer's use
of Netaction's services after changes to the AUP are posted on
Netaction's web site, www.netactionhosting.com, will constitute
the customer's acceptance of any new or additional terms of
the AUP that result from those changes. Netaction reserves the
right to amend, change, or modify Terms of Service without notifying
the customers.
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 the Internet, 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 Netaction cannot monitor,
verify, warrant, or vouch for the accuracy and quality of the
information that subscribers may 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 is sexually
explicit or otherwise offensive. Because Netaction cannot monitor
or censor the Internet, and will not attempt to do so, Netaction
cannot accept any responsibility for injury to its subscribers
that results from inaccurate, unsuitable, offensive, or illegal
Internet communications.
When subscribers disseminate information through the Internet,
they also must keep in mind that Netaction 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
they create is carried over Netaction's network and may reach
a large number of people, including both subscribers and non-subscribers
of Netaction, subscribers' postings to the Internet may affect
other subscribers and may harm Netaction's goodwill, business
reputation, and operations. For these reasons, subscribers violate
Netaction policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited
activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming"). It is not only harmful
because of its negative impact on consumer attitudes toward
Netaction, but also because it can overload Netaction's network
and disrupt service to Netaction subscribers. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received,
Netaction has the discretion to determine from all of the evidence
whether the email recipients were from an "opt-in"
email list. Customers engaging in spam, while operating an open
SMTP relay will have their accounts terminated and all moneys
forfeited.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and
patents held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity,
or other personal rights of others. Netaction is required by
law to remove or block access to customer content upon receipt
of a proper notice of copyright infringement. It is also Netaction's
policy to terminate the privileges of customers who commit repeat
violations of copyright laws.
Obscene Speech or Materials
Using Netaction's network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene
speech or material. Netaction is required by law to notify law
enforcement agencies when it becomes aware of the presence of
child pornography on or being transmitted through Netaction's
network. We will notify the authorities and provide them with
your complete contact information as well as all logs required
to successfully prosecute child pornography cases, including
your home IP numbers, logs of all activities, payment details,
and any/all information we have on file.
Defamatory or Abusive Language
Using Netaction's network as a means to transmit or post defamatory,
harassing, abusive, or threatening language shall result in
suspension and subsequent termination of services.
Forging of Headers
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message shall result
in suspension and subsequent termination of services. Should
we detect you using our servers to SPAM, your account shall
be terminated.
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 might be used
as a precursor to an attempted system penetration (i.e. port
scan, stealth scan, or other information gathering activity).
This includes running 'anonymous services' such as Proxy servers,VPN
servers, and other servers which allow the public to use our
network address space to mask their identity. Internet Relay
Chat is not permitted on our network, otherwise known as IRCd
or 'IRC'.
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. Such activities shall result in suspension
and subsequent termination of services.
Facilitating 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. Such activities shall result
in suspension and subsequent termination of services.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available ponzi
schemes, pyramid schemes, fraudulently charging credit cards,
and pirating software. Downloading pirated software using P2P
applications shall result in immediate termination of services.
You are not permitted to use Netaction networks and servers,
to pirate software illegally. Software piracy is a crime, and
we will forward details of violators to authorities upon discovery.
We regularly scan our servers for pirated software i.e. 'warez'.
Other Activities
Engaging in activities, whether lawful or unlawful, that Netaction
determines to be harmful to its subscribers, operations, reputation,
goodwill, or customer relations. Netaction subscribers are not
permitted to cause disruption to other users by way of inbound
DDOS/DOS attacks. Subscribers who are attacked by DDOS/DOS shall
be null routed to prevent damage to our network and other users.
We do not provide DDOS/DOS friendly hosting and do not provide
haven to sites which are considered 'DDOS magnets'.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the subscriber.
Netaction will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with Netaction
policy or applicable law. When Netaction becomes aware of harmful
activities, however, it may take any action to stop the harmful
activity, including but not limited to, removing information,
shutting down a web site, implementing screening software designed
to block offending transmissions, denying access to the Internet,
or take any other action it deems appropriate.
Adult material Hosting
Netaction permits it's subscribers to host adult material on
Dedicated Servers only, if it is legal to be hosted in the Netherlands.
Any material posted on Netaction servers must be legal in the
Netherlands. Some material is illegal in some nations, but may
be legal in the Netherlands. If a customer chooses to host Adult
content on any shared webhosting servers, his account will be
terminated immediately.
This is the responsibility of the customer to research thoroughly.
If Netaction - Security receives an order to provide information
about a customer to a law enforcement authority, we will provide
that information. Netaction will absolutely not be held accountable
for information stored on Netaction servers. Customer is 100%
responsible for all data stored under his account / control.
Proof positive of a customer's access & knowledge of data
stored on said servers includes FTP logs, login logs, and payment/signup
confirmations. We record and store IP's used to access our systems,
and will forward said information to law enforcement if request
follows due process.
Netaction does maintain it's own backups of file, web, and database
servers. These backups can be used by Netaction to restore a failed
server or drive array. These backups are not for the customer's
usage, and no custom restore requests can be guaranteed to be
processed. Customer is responsible for their own backups. Netaction
holds absolutely no liability to any customer for any data stored
on Netaction servers.
Netaction also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching
Netaction's facilities from those subscribers may have originated
from a customer of the subscriber or from another third-party.
Netaction does not require its subscribers who offer Internet
services to monitor or censor transmissions or web sites created
by customers of its subscribers. Netaction has the right to directly
take action against a customer of a subscriber. Also, Netaction
may take action against the Netaction subscriber because of activities
of a customer of the subscriber, even though the action may
affect other customers of the subscriber. Similarly, Netaction
anticipates that subscribers who offer Internet services will
cooperate with Netaction in any corrective or preventive action
that Netaction deems necessary. Failure to cooperate with such
corrective or preventive measures is a violation of Netaction
policy.
Netaction also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor
less secure than other means of communication, including mail,
facsimile, and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence,
however, Netaction urges its subscribers to assume that all of
their on-line communications are insecure. Netaction cannot take
any responsibility for the security of information transmitted
over Netaction's facilities.
Netaction reserves the right to cancel any account at any time,
for any reason. We expect our users to treat our technical support
engineers with a professional tone at all times. Should any
users use profanity, threats, or otherwise verbally abuse our
engineers the contract for services between 'user' and 'provider'
shall be nulled.
Netaction will not be responsible for any damages your business
may suffer. In case of payment reversal or charge back, customer
account shall be immediately and permanently closed, without
further possibility of reactivation. In such a case all data
would be irrevocably deleted. This applies to any and all accounts.
Netaction makes no warranties of any kind, expressed or implied
for services we provide. Netaction disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data
resulting from delays, no deliveries, wrong delivery, and any
and all service interruptions caused by Netaction and its employees.
Services deactivated due to non-payment or decline of charges,
will be assessed a 125.00 EUR delay & reactivation fee,
which shall not be waived under any circumstances. This is particularly
important for customers choosing to make payment via PayPal,
as per our terms, pre-paid accounts will be disconnected on
the last day of the subscription unless balance has been recharged
in advance. Customers electing to pay via Credit Card will be
automatically billed.
Netaction will not intentionally monitor private electronic mail
messages sent or received by its subscribers unless required
to do so by law, governmental authority, or when public safety
is at stake. If Netaction detects illegal activity taking place
on it's network, it may record incoming and outgoing IP addresses,
and any other information needed to assist in the prosecution
of offenders. Netaction reserves the right to use any method available
to monitor and record illegal activities taking place on it's
network, and forward these records to law enforcement, if we
feel that it is in the interest of public safety.
Netaction will monitor its service electronically to determine
that its facilities are operating satisfactorily. Also, Netaction
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. Netaction 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, Netaction may disclose subscriber information
or information transmitted over its network where necessary
to protect Netaction and others from harm, or where such disclosure
is necessary to the proper operation of the system.
Netaction expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning
the privacy of on-line communications. A subscriber's failure
to comply with those laws will violate Netaction policy. Finally,
Netaction wishes to emphasize that in signing the service agreement,
subscribers indemnify Netaction for any violation of the service
agreement, law, or Netaction policy that results in loss to Netaction
or the bringing of any claim against Netaction by any third-party.
This means that if Netaction is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will
pay any damages awarded against Netaction, plus costs and reasonable
attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of
Internet users, including Netaction and its subscribers, as responsible
members of the Internet.
| Mail Contact |
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| Address |
Administration
Netaction Hosting Services
Ag. Dimitriou 192, 54638
Thessaloniki, Greece
+30 2310207091 |
Datacenter
Easynet Datacenter
Capronilaan 2
1119 NR Schiphol Rijk
Netherlands |
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