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Acceptable
Usage Policy,
Terms of Service Agreement
LYPHA™
is dedicated to providing an all-round top quality service.
The terms and conditions which follow are necessary to ensure
that we may continue to provide the best possible service to
all of our customers whilst at the same time satisfying our
legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for
immediate account deactivation without notice. LYPHA™ will
be the sole arbiter as to what constitutes a violation of any
of these provisions. Customer understands that prior
to joining our services, they must agree to this policy.
Activity which results in the suspension or deactivation of
an account will result in a forfeiture of all fees paid. Complaints
made regarding abuses of an account will be investigated and
if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies,
please contact abuse @ lypha.com
Sites We Do Not Host
We do not permit the hosting of excessive Anime, Manga,
Movies, MP3 and Torrent Files. Sites using their accounts for Backup Storage and
File Download/Mirror distribution services are also not permitted. Sites breeching
this policy may have their files removed without notice. Accounts that repeately
ignore this warning will be suspended.
Illegal Usage
LYPHA™ servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data or material
in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: copyrighted material,
trademark, trade secret or other intellectual property right
used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws. Examples of non-acceptable content or
links: Pirated software, Hackers programs or archives, Warez
sites, MP3, and IRC bots. The subscriber to LYPHA™
service agrees to indemnify and hold harmless LYPHA™ from
any claims resulting from the use of the service that damages
the subscriber or any other party.
LYPHA™ will be the sole arbiter as to what constitutes
a violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented
sites, pornography and sex-related merchandising are prohibited.
This includes sites that may infer sexual content, or links
to adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging
to our servers or any other server on the Internet. Links to
such materials are also prohibited.
Security
Violations of system or network security are prohibited, and
may result in criminal and civil liability. Examples include,
but are not limited to the following: Unauthorized access, use,
probe, or scan of a systems security or authentication measures,
data or traffic. Interference with service to any user, host
or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network
resources) will be given an option of either paying extra (which
depends on the resource needed) or reducing the resource used
to an acceptable level. LYPHA™ shall be the sole arbiter
of what is considered to be a high server usage level.
CGI/PHP/ASP Scripts
Cgi script sharing with domains not hosted by LYPHA™.com
is not allowed. Any cgi-scripts deemed to be adversely
affecting the server performance or the network integrity will
be shut down without prior notice.
Chat Rooms
LYPHA™ does not allow clients to install their own chat
rooms. Chat rooms tend to be large system hogs and we cannot
permit it as an account option. LYPHA™ does provide a choice
of Java chatrooms which should meet most users' needs and run
without hindering the performance of the machine of our servers.
Background Running Programs and Cron Jobs
LYPHA™ does not allow background Daemons such as IRC bots;
eggdrop; BitchX; XiRCON; and any other program that interferes
with normal server operation.
IRC
LYPHA™ does not allow IRC or IRC bots to be operated on
our servers.
Backups
LYPHA™ performs backups on all servers to ensure critical
files are never lost. However LYPHA™ is NOT responsible
for lost data, time, income or any other resource due to faulty
backups or non-existant backups.
Client Responsibility
The client is responsible for all activity originating from
the account unless proven to be a victim of outside hacking
or address forgery. The client is responsible for securing their
username/password. The client assumes responsibility for all
material on their site that may be put on by a third party (such
as the usage of Free For All links pages). Use of LYPHA's service
requires a certain level of knowledge in the use of Internet
languages, protocols, and software. This level of knowledge
varies depending on the anticipated use and desired content
of the web space by the client. The following examples are offered:
Web Publishing: requires knowledge of HTML, properly locating
and linking documents, FTPing Web contents, Graphics, text,
sound, image mapping, etc. FrontPage web publishing: knowledge
of the FrontPage tools as well as Telnet and FTP understanding
and capability. CGI-Scripts: requires a knowledge of the UNIX
environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions,
etc. Mail: a use of mail clients to receive and send mail, etc.
The client agrees that he or she has the necessary knowledge
to create and maintain their web space. Client agrees that it
is not the responsibility of LYPHA™ to provide this knowledge
or support outside matter specific to LYPHA servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or
through a LYPHA™ server or using an email address that
is maintained on a LYPHA™ machine is STRICTLY prohibited.
LYPHA™ will be the sole arbiter as to what constitutes
a violation of this provision. If you engage in any of
the foregoing activities using the service of another ISP or
IPP, but channeling activities through a LYPHA™ server
as a maildrop for responses, you are in violation. Violators
will be assessed a minimum of $200.00 fine and will face an
immediate suspension.
Server abuse
Any attempts to undermine or cause harm to a LYPHA™ server
or customer of LYPHA™ is strictly prohibited.
Any sub-networks of LYPHA™ and dedicated servers must adhere
to the above policies. The failure to meet or follow any of
the above guidelines are grounds for account deactivation. We
reserve the right to remove any account without prior notice.
Software Distribution
LYPHA.com's shared Web Hosting accounts are not to be used for
the purposes of distributing software and multimedia products.
If you wish to distribute software and/or multimedia files,
please contact sales @ lypha.com for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video
files. LYPHA.com Web Hosting accounts are not to be used for
the purposes of distributing and storing unusual amount of multimedia
files. Any Web site whose disk space usage for storing
the multimedia files exceed 70% of its total usage, either in
terms of total size or number of files, will be deemed to be
using unusual amount of multimedia files.
Domain Names
LYPHA.com will take necessary steps to register domain names
on behalf of the client when requested. However, clients are
responsible for renewing their domain names. LYPHA.com does
not take responsibility for failing to renew domain names. If
your domain name was registered via our company, you must check
and take appropriate actions to renew a domain that is about
to expire. We do not handle renewals unless specifically asked
for by sending a ticket to our helpdesk.
We will make every effort to register, transfer and/or renew
your requested domain name. This is not a guarantee that your
requested domain name is available for registration, transfer
and/or renewal. Your domain name may go unregistered, untransferred
and/or renewed, due to circumstances beyond our control, such
as registry, software and other problems or outages, and will
not be grounds for compensation of financial loss.
An order for domain name registration, transfer and/or renewal,
does not guarantee domain name registration, transfer and/or
renewal. Domain names will not be registered, transferred and/or
renewed until payment is received. If requested domain name
is paid for, to us and subsequently not registered, transferred
and/or renewed by by, the domain registration fee will be refunded.
If we register domain names on your behalf and you refute the
entire charge or if we must issue a full refund, your domain
name will be forfeited and your domain name becomes the property
of LYPHA™. This also applies to any special promotional
offers whereby a domain name is included as part of a
promotional offer. Note, this only applies to domain names we
register on your behalf.
Registrant Rights and Responsibilities
Please refer to the below for the registrant rights and responsibilities and educational material associated with domain registrations.
http://www.icann.org/en/resources/registrars/registrant-rights/educational
http://www.icann.org/en/resources/registrars/registrant-rights/benefits
Database
Any database stored on LYPHA.com servers shall be limited in
size to 20% of the total disk space allotted for a particular
domain.
Actions Taken by LYPHA™
The failure by a customer to meet or follow any of the above
policies/terms is grounds for account deactivation. LYPHA™
will be the sole arbiter as to what constitutes a violation
of the AUP. LYPHA™ reserves the right to remove any account
without prior notice.
When LYPHA™ becomes aware of an alleged violation of its
AUP, LYPHA™ will initiate an investigation. During the
investigation, LYPHA™ may restrict a customer's access
in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, LYPHA™ may,
at its sole discretion, restrict, suspend, or terminate a customer's
web hosting account and/or pursue other civil remedies. If such
violation is a criminal offense, LYPHA™ will notify the
appropriate law enforcement authorities of such violation.
LYPHA™ does not issue credits for outages incurred through
service disablement resulting from AUP violations.
LYPHA™ customers agree to indemnify and hold harmless LYPHA™
from any claims resulting from the use of our services that
damages them or any other party. The LYPHA™ service is
provided on an as is, as available basis without warranties
of any kind, either express or implied, including, but not limited
to, warranties of merchantability, fitness for a particular
purpose or non-infringement. LYPHA™ expressly disclaims
any representation or warranty that the LYPHA™ service
will be error-free, secure or uninterrupted. No oral advice
or written information given by LYPHA™, its employees,
licensors or the like, will create a warranty; nor may you rely
on any such information or advice. LYPHA™ and its partners
and suppliers will not be liable for any cost or damage arising
either directly or indirectly from any transaction or use of
the service.
Governing Law
Customer understands that for all disputes, with regard to any
of LYPHA™ services or any term listed in this policy, the
only jurisdiction that shall be used in determining liability
is the court situated in Queensland, Australia. If LYPHA™
is obligated to go to court, rather than arbitration, to enforce
any of its rights, or to collect any fees, you agree to reimburse
LYPHA™ for its legal fees, costs and disbursements if LYPHA™
is successful. You agree that the Courts of the State of Queensland,
Australia are the agreed and appropriate forums for any such
suit, and consent to service of process by registered mail or
overnight courier with proof of delivery.
Severability
If any term or provision of this Agreement is found to be unenforceable
for any reason, this Agreement shall remain in full force and
effect and shall be fully enforceable on its remaining terms
and conditions.
Modification
LYPHA™ reserves the right to add, delete, or modify any
provision of this Policy at any time without notice.
Network Uptime & Credits
This policy also encapsulates our Network
Service Level Agreement.
Fraud Screening
LYPHA utilizes FraudRecord to screen all orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at
our sole discretion.
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